II 

Calendar No. 5 

116TH CONGRESS 

1ST SESSION H. R. 21 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2019 

Received; read the first time 

JANUARY 8, 2019 

Read the second time and placed on the calendar 

AN ACT 

Making appropriations for the fiscal year ending September 

30, 2019, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Consolidated Appro5 priations Act, 2019’’. 

6 SEC. 2. REFERENCES TO ACT. 

7 Except as expressly provided otherwise, any reference 

8 to ‘‘this Act’’ contained in any division of this Act shall 

9 be treated as referring only to the provisions of that divi10 sion. 


pbinns on DSK79D2C42PROD with BILLS
2 

HR 21 PCS 

1 SEC. 3. EXPLANATORY STATEMENT. 

2 The explanatory statement regarding this Act, print3 ed in the House section of the Congressional Record on 

4 or about January 3, 2019 and submitted by the Chair of 

5 the Committee on Appropriations of the House of Rep6 resentatives, shall have the same effect with respect to al7 location of funds and implementation of this Act as if it 

8 were a joint explanatory statement of a committee of con9 ference. 

10 DIVISION A—DEPARTMENT OF 

11 THE INTERIOR, ENVIRON12 MENT, AND RELATED AGEN13 CIES APPROPRIATIONS ACT, 

14 2019 

15 That the following sums are appropriated, out of any 

16 money in the Treasury not otherwise appropriated, for the 

17 Department of the Interior, environment, and related 

18 agencies for the fiscal year ending September 30, 2019, 

19 and for other purposes, namely: 

20 TITLE I 

21 DEPARTMENT OF THE INTERIOR 

22 BUREAU OF LAND MANAGEMENT

23 MANAGEMENT OF LANDS AND RESOURCES

24 For necessary expenses for protection, use, improve25 ment, development, disposal, cadastral surveying, classi26 fication, acquisition of easements and other interests in 


pbinns on DSK79D2C42PROD with BILLS
3 

HR 21 PCS 

1 lands, and performance of other functions, including main2 tenance of facilities, as authorized by law, in the manage3 ment of lands and their resources under the jurisdiction 

4 of the Bureau of Land Management, including the general 

5 administration of the Bureau, and assessment of mineral 

6 potential of public lands pursuant to section 1010(a) of 

7 Public Law 96–487 (16 U.S.C. 3150(a)), $1,196,143,000, 

8 to remain available until expended, including all such 

9 amounts as are collected from permit processing fees, as 

10 authorized but made subject to future appropriation by 

11 section 35(d)(3)(A)(i) of the Mineral Leasing Act (30 

12 U.S.C. 191), except that amounts from permit processing 

13 fees may be used for any bureau-related expenses associ14 ated with the processing of oil and gas applications for 

15 permits to drill and related use of authorizations: Pro16 vided, That of the amounts made available under this 

17 heading, $2,000,000 shall be made available to carry out 

18 the Colorado River Basin salinity control program. 

19 In addition, $39,696,000 is for Mining Law Adminis20 tration program operations, including the cost of admin21 istering the mining claim fee program, to remain available 

22 until expended, to be reduced by amounts collected by the 

23 Bureau and credited to this appropriation from mining 

24 claim maintenance fees and location fees that are hereby 

25 authorized for fiscal year 2019, so as to result in a final 


pbinns on DSK79D2C42PROD with BILLS
4 

HR 21 PCS 

1 appropriation estimated at not more than $1,196,143,000, 

2 and $2,000,000, to remain available until expended, from 

3 communication site rental fees established by the Bureau 

4 for the cost of administering communication site activities. 

5 LAND ACQUISITION

6 For expenses necessary to carry out sections 205, 

7 206, and 318(d) of Public Law 94–579, including admin8 istrative expenses and acquisition of lands or waters, or 

9 interests therein, $26,016,000, to be derived from the 

10 Land and Water Conservation Fund and to remain avail11 able until expended. 

12 OREGON AND CALIFORNIA GRANT LANDS

13 For expenses necessary for management, protection, 

14 and development of resources and for construction, oper15 ation, and maintenance of access roads, reforestation, and 

16 other improvements on the revested Oregon and California 

17 Railroad grant lands, on other Federal lands in the Or18 egon and California land-grant counties of Oregon, and 

19 on adjacent rights-of-way; and acquisition of lands or in20 terests therein, including existing connecting roads on or 

21 adjacent to such grant lands; $106,543,000, to remain 

22 available until expended: Provided, That 25 percent of the 

23 aggregate of all receipts during the current fiscal year 

24 from the revested Oregon and California Railroad grant 

25 lands is hereby made a charge against the Oregon and 


pbinns on DSK79D2C42PROD with BILLS
5 

HR 21 PCS 

1 California land-grant fund and shall be transferred to the 

2 General Fund in the Treasury in accordance with the sec3 ond paragraph of subsection (b) of title II of the Act of 

4 August 28, 1937 (43 U.S.C. 2605). 

5 RANGE IMPROVEMENTS

6 For rehabilitation, protection, and acquisition of 

7 lands and interests therein, and improvement of Federal 

8 rangelands pursuant to section 401 of the Federal Land 

9 Policy and Management Act of 1976 (43 U.S.C. 1751), 

10 notwithstanding any other Act, sums equal to 50 percent 

11 of all moneys received during the prior fiscal year under 

12 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 

13 315b, 315m) and the amount designated for range im14 provements from grazing fees and mineral leasing receipts 

15 from Bankhead-Jones lands transferred to the Depart16 ment of the Interior pursuant to law, but not less than 

17 $10,000,000, to remain available until expended: Pro18 vided, That not to exceed $600,000 shall be available for 

19 administrative expenses. 

20 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

21 For administrative expenses and other costs related 

22 to processing application documents and other authoriza23 tions for use and disposal of public lands and resources, 

24 for costs of providing copies of official public land docu25 ments, for monitoring construction, operation, and termiVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
6 

HR 21 PCS 

1 nation of facilities in conjunction with use authorizations, 

2 and for rehabilitation of damaged property, such amounts 

3 as may be collected under Public Law 94–579 (43 U.S.C. 

4 1701 et seq.), and under section 28 of the Mineral Leasing 

5 Act (30 U.S.C. 185), to remain available until expended: 

6 Provided, That notwithstanding any provision to the con7 trary of section 305(a) of Public Law 94–579 (43 U.S.C. 

8 1735(a)), any moneys that have been or will be received 

9 pursuant to that section, whether as a result of forfeiture, 

10 compromise, or settlement, if not appropriate for refund 

11 pursuant to section 305(c) of that Act (43 U.S.C. 

12 1735(c)), shall be available and may be expended under 

13 the authority of this Act by the Secretary to improve, pro14 tect, or rehabilitate any public lands administered through 

15 the Bureau of Land Management which have been dam16 aged by the action of a resource developer, purchaser, per17 mittee, or any unauthorized person, without regard to 

18 whether all moneys collected from each such action are 

19 used on the exact lands damaged which led to the action: 

20 Provided further, That any such moneys that are in excess 

21 of amounts needed to repair damage to the exact land for 

22 which funds were collected may be used to repair other 

23 damaged public lands. 


pbinns on DSK79D2C42PROD with BILLS
7 

HR 21 PCS 

1 MISCELLANEOUS TRUST FUNDS

2 In addition to amounts authorized to be expended 

3 under existing laws, there is hereby appropriated such 

4 amounts as may be contributed under section 307 of Pub5 lic Law 94–579 (43 U.S.C. 1737), and such amounts as 

6 may be advanced for administrative costs, surveys, ap7 praisals, and costs of making conveyances of omitted lands 

8 under section 211(b) of that Act (43 U.S.C. 1721(b)), to 

9 remain available until expended. 

10 ADMINISTRATIVE PROVISIONS

11 The Bureau of Land Management may carry out the 

12 operations funded under this Act by direct expenditure, 

13 contracts, grants, cooperative agreements and reimburs14 able agreements with public and private entities, including 

15 with States. Appropriations for the Bureau shall be avail16 able for purchase, erection, and dismantlement of tem17 porary structures, and alteration and maintenance of nec18 essary buildings and appurtenant facilities to which the 

19 United States has title; up to $100,000 for payments, at 

20 the discretion of the Secretary, for information or evidence 

21 concerning violations of laws administered by the Bureau; 

22 miscellaneous and emergency expenses of enforcement ac23 tivities authorized or approved by the Secretary and to be 

24 accounted for solely on the Secretary’s certificate, not to 

25 exceed $10,000: Provided, That notwithstanding Public 


pbinns on DSK79D2C42PROD with BILLS
8 

HR 21 PCS 

1 Law 90–620 (44 U.S.C. 501), the Bureau may, under co2 operative cost-sharing and partnership arrangements au3 thorized by law, procure printing services from cooperators 

4 in connection with jointly produced publications for which 

5 the cooperators share the cost of printing either in cash 

6 or in services, and the Bureau determines the cooperator 

7 is capable of meeting accepted quality standards: Provided 

8 further, That projects to be funded pursuant to a written 

9 commitment by a State government to provide an identi10 fied amount of money in support of the project may be 

11 carried out by the Bureau on a reimbursable basis. Appro12 priations herein made shall not be available for the de13 struction of healthy, unadopted, wild horses and burros 

14 in the care of the Bureau or its contractors or for the 

15 sale of wild horses and burros that results in their destruc16 tion for processing into commercial products. 

17 UNITED STATES FISH AND WILDLIFE SERVICE

18 RESOURCE MANAGEMENT

19 For necessary expenses of the United States Fish and 

20 Wildlife Service, as authorized by law, and for scientific 

21 and economic studies, general administration, and for the 

22 performance of other authorized functions related to such 

23 resources, $1,292,067,000, to remain available until Sep24 tember 30, 2020: Provided, That not to exceed 

25 $17,818,000 shall be used for implementing subsections 


pbinns on DSK79D2C42PROD with BILLS
9 

HR 21 PCS 

1 (a), (b), (c), and (e) of section 4 of the Endangered Spe2 cies Act of 1973 (16 U.S.C. 1533) (except for processing 

3 petitions, developing and issuing proposed and final regu4 lations, and taking any other steps to implement actions 

5 described in subsection (c)(2)(A), (c)(2)(B)(i), or 

6 (c)(2)(B)(ii)). 

7 CONSTRUCTION

8 For construction, improvement, acquisition, or re9 moval of buildings and other facilities required in the con10 servation, management, investigation, protection, and uti11 lization of fish and wildlife resources, and the acquisition 

12 of lands and interests therein; $50,413,000, to remain 

13 available until expended. 

14 LAND ACQUISITION

15 For expenses necessary to carry out chapter 2003 of 

16 title 54, United States Code, including administrative ex17 penses, and for acquisition of land or waters, or interest 

18 therein, in accordance with statutory authority applicable 

19 to the United States Fish and Wildlife Service, 

20 $45,189,000, to be derived from the Land and Water Con21 servation Fund and to remain available until expended: 

22 Provided, That none of the funds appropriated for specific 

23 land acquisition projects may be used to pay for any ad24 ministrative overhead, planning or other management 

25 costs. 


pbinns on DSK79D2C42PROD with BILLS
10 

HR 21 PCS 

1 COOPERATIVE ENDANGERED SPECIES CONSERVATION

2 FUND

3 For expenses necessary to carry out section 6 of the 

4 Endangered Species Act of 1973 (16 U.S.C. 1535), 

5 $49,495,000, to remain available until expended, of which 

6 $18,695,000 is to be derived from the Cooperative Endan7 gered Species Conservation Fund; and of which 

8 $30,800,000 is to be derived from the Land and Water 

9 Conservation Fund. 

10 NATIONAL WILDLIFE REFUGE FUND

11 For expenses necessary to implement the Act of Octo12 ber 17, 1978 (16 U.S.C. 715s), $13,228,000. 

13 NORTH AMERICAN WETLANDS CONSERVATION FUND

14 For expenses necessary to carry out the provisions 

15 of the North American Wetlands Conservation Act (16 

16 U.S.C. 4401 et seq.), $43,000,000, to remain available 

17 until expended. 

18 NEOTROPICAL MIGRATORY BIRD CONSERVATION

19 For expenses necessary to carry out the Neotropical 

20 Migratory Bird Conservation Act (16 U.S.C. 6101 et 

21 seq.), $3,910,000, to remain available until expended. 

22 MULTINATIONAL SPECIES CONSERVATION FUND

23 For expenses necessary to carry out the African Ele24 phant Conservation Act (16 U.S.C. 4201 et seq.), the 

25 Asian Elephant Conservation Act of 1997 (16 U.S.C. 


pbinns on DSK79D2C42PROD with BILLS
11 

HR 21 PCS 

1 4261 et seq.), the Rhinoceros and Tiger Conservation Act 

2 of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Con3 servation Act of 2000 (16 U.S.C. 6301 et seq.), and the 

4 Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 

5 et seq.), $12,061,000, to remain available until expended. 

6 STATE AND TRIBAL WILDLIFE GRANTS

7 For wildlife conservation grants to States and to the 

8 District of Columbia, Puerto Rico, Guam, the United 

9 States Virgin Islands, the Northern Mariana Islands, 

10 American Samoa, and Indian tribes under the provisions 

11 of the Fish and Wildlife Act of 1956 and the Fish and 

12 Wildlife Coordination Act, for the development and imple13 mentation of programs for the benefit of wildlife and their 

14 habitat, including species that are not hunted or fished, 

15 $65,571,000, to remain available until expended: Pro16 vided, That of the amount provided herein, $4,209,000 is 

17 for a competitive grant program for Indian tribes not sub18 ject to the remaining provisions of this appropriation: Pro19 vided further, That $6,362,000 is for a competitive grant 

20 program to implement approved plans for States, terri21 tories, and other jurisdictions and at the discretion of af22 fected States, the regional Associations of fish and wildlife 

23 agencies, not subject to the remaining provisions of this 

24 appropriation: Provided further, That the Secretary shall, 

25 after deducting $10,571,000 and administrative expenses, 


pbinns on DSK79D2C42PROD with BILLS
12 

HR 21 PCS 

1 apportion the amount provided herein in the following 

2 manner: (1) to the District of Columbia and to the Com3 monwealth of Puerto Rico, each a sum equal to not more 

4 than one-half of 1 percent thereof; and (2) to Guam, 

5 American Samoa, the United States Virgin Islands, and 

6 the Commonwealth of the Northern Mariana Islands, each 

7 a sum equal to not more than one-fourth of 1 percent 

8 thereof: Provided further, That the Secretary shall appor9 tion the remaining amount in the following manner: (1) 

10 one-third of which is based on the ratio to which the land 

11 area of such State bears to the total land area of all such 

12 States; and (2) two-thirds of which is based on the ratio 

13 to which the population of such State bears to the total 

14 population of all such States: Provided further, That the 

15 amounts apportioned under this paragraph shall be ad16 justed equitably so that no State shall be apportioned a 

17 sum which is less than 1 percent of the amount available 

18 for apportionment under this paragraph for any fiscal year 

19 or more than 5 percent of such amount: Provided further, 

20 That the Federal share of planning grants shall not exceed 

21 75 percent of the total costs of such projects and the Fed22 eral share of implementation grants shall not exceed 65 

23 percent of the total costs of such projects: Provided fur24 ther, That the non-Federal share of such projects may not 

25 be derived from Federal grant programs: Provided further, 


pbinns on DSK79D2C42PROD with BILLS
13 

HR 21 PCS 

1 That any amount apportioned in 2019 to any State, terri2 tory, or other jurisdiction that remains unobligated as of 

3 September 30, 2020, shall be reapportioned, together with 

4 funds appropriated in 2021, in the manner provided here5 in. 

6 ADMINISTRATIVE PROVISIONS

7 The United States Fish and Wildlife Service may 

8 carry out the operations of Service programs by direct ex9 penditure, contracts, grants, cooperative agreements and 

10 reimbursable agreements with public and private entities. 

11 Appropriations and funds available to the United States 

12 Fish and Wildlife Service shall be available for repair of 

13 damage to public roads within and adjacent to reservation 

14 areas caused by operations of the Service; options for the 

15 purchase of land at not to exceed $1 for each option; facili16 ties incident to such public recreational uses on conserva17 tion areas as are consistent with their primary purpose; 

18 and the maintenance and improvement of aquaria, build19 ings, and other facilities under the jurisdiction of the Serv20 ice and to which the United States has title, and which 

21 are used pursuant to law in connection with management, 

22 and investigation of fish and wildlife resources: Provided, 

23 That notwithstanding 44 U.S.C. 501, the Service may, 

24 under cooperative cost sharing and partnership arrange25 ments authorized by law, procure printing services from 


pbinns on DSK79D2C42PROD with BILLS
14 

HR 21 PCS 

1 cooperators in connection with jointly produced publica2 tions for which the cooperators share at least one-half the 

3 cost of printing either in cash or services and the Service 

4 determines the cooperator is capable of meeting accepted 

5 quality standards: Provided further, That the Service may 

6 accept donated aircraft as replacements for existing air7 craft: Provided further, That notwithstanding 31 U.S.C. 

8 3302, all fees collected for non-toxic shot review and ap9 proval shall be deposited under the heading ‘‘United 

10 States Fish and Wildlife Service—Resource Management’’ 

11 and shall be available to the Secretary, without further 

12 appropriation, to be used for expenses of processing of 

13 such non-toxic shot type or coating applications and revis14 ing regulations as necessary, and shall remain available 

15 until expended. 

16 NATIONAL PARK SERVICE

17 OPERATION OF THE NATIONAL PARK SYSTEM

18 For expenses necessary for the management, oper19 ation, and maintenance of areas and facilities adminis20 tered by the National Park Service and for the general 

21 administration of the National Park Service, 

22 $2,500,369,000, of which $10,032,000 for planning and 

23 interagency coordination in support of Everglades restora24 tion and $141,961,000 for maintenance, repair, or reha25 bilitation projects for constructed assets and 


pbinns on DSK79D2C42PROD with BILLS
15 

HR 21 PCS 

1 $149,075,000 for cyclic maintenance projects for con2 structed assets shall remain available until September 30, 

3 2020: Provided, That funds appropriated under this head4 ing in this Act are available for the purposes of section 

5 5 of Public Law 95–348: Provided further, That notwith6 standing section 9(a) of the United States 

7 Semiquincentennial Commission Act of 2016 (Public Law 

8 114–196; 130 Stat. 691), $500,000 of the funds made 

9 available under this heading shall be provided to the orga10 nization selected under section 9(b) of that Act for ex11 penditure by the United States Semiquincentennial Com12 mission in accordance with that Act. 

13 NATIONAL RECREATION AND PRESERVATION

14 For expenses necessary to carry out recreation pro15 grams, natural programs, cultural programs, heritage 

16 partnership programs, environmental compliance and re17 view, international park affairs, and grant administration, 

18 not otherwise provided for, $64,138,000. 

19 HISTORIC PRESERVATION FUND

20 For expenses necessary in carrying out the National 

21 Historic Preservation Act (division A of subtitle III of title 

22 54, United States Code), $91,910,000, to be derived from 

23 the Historic Preservation Fund and to remain available 

24 until September 30, 2020: Provided , That of the funds 

25 provided for the Historic Preservation Fund, $500,000 is 


pbinns on DSK79D2C42PROD with BILLS
16 

HR 21 PCS 

1 for competitive grants for the survey and nomination of 

2 properties to the National Register of Historic Places and 

3 as National Historic Landmarks associated with commu4 nities currently under-represented, as determined by the 

5 Secretary, $13,000,000 is for competitive grants to pre6 serve the sites and stories of the Civil Rights movement, 

7 $8,000,000 is for grants to Historically Black Colleges 

8 and Universities, and $5,000,000 is for competitive grants 

9 for the restoration of historic properties of national, State 

10 and local significance listed on or eligible for inclusion on 

11 the National Register of Historic Places, to be made with12 out imposing the usage or direct grant restrictions of sec13 tion 101(e)(3) (54 U.S.C. 302904) of the National Histor14 ical Preservation Act: Provided further, That such com15 petitive grants shall be made without imposing the match16 ing requirements in section 302902(b)(3) of title 54, 

17 United States Code, to States and Indian tribes as defined 

18 in chapter 3003 of such title, Native Hawaiian organiza19 tions, local governments, including Certified Local Govern20 ments, and non-profit organizations. 

21 CONSTRUCTION

22 For construction, improvements, repair, or replace23 ment of physical facilities, and compliance and planning 

24 for programs and areas administered by the National 

25 Park Service, $364,704,000, to remain available until exVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
17 

HR 21 PCS 

1 pended: Provided, That notwithstanding any other provi2 sion of law, for any project initially funded in fiscal year 

3 2019 with a future phase indicated in the National Park 

4 Service 5-Year Line Item Construction Plan, a single pro5 curement may be issued which includes the full scope of 

6 the project: Provided further, That the solicitation and 

7 contract shall contain the clause availability of funds 

8 found at 48 CFR 52.232–18: Provided further, That Na9 tional Park Service Donations, Park Concessions Fran10 chise Fees, and Recreation Fees may be made available 

11 for the cost of adjustments and changes within the origi12 nal scope of effort for projects funded by the National 

13 Park Service Construction appropriation: Provided further, 

14 That the Secretary of the Interior shall consult with the 

15 Committees on Appropriations, in accordance with current 

16 reprogramming thresholds, prior to making any charges 

17 authorized by this section. 

18 LAND ACQUISITION AND STATE ASSISTANCE

19 For expenses necessary to carry out chapter 2003 of 

20 title 54, United States Code, including administrative ex21 penses, and for acquisition of lands or waters, or interest 

22 therein, in accordance with the statutory authority appli23 cable to the National Park Service, $174,444,000, to be 

24 derived from the Land and Water Conservation Fund and 

25 to remain available until expended, of which $124,006,000 


pbinns on DSK79D2C42PROD with BILLS
18 

HR 21 PCS 

1 is for the State assistance program and of which 

2 $15,000,000 shall be for the American Battlefield Protec3 tion Program grants as authorized by chapter 3081 of title 

4 54, United States Code. 

5 CENTENNIAL CHALLENGE

6 For expenses necessary to carry out the provisions 

7 of section 101701 of title 54, United States Code, relating 

8 to challenge cost share agreements, $23,000,000, to re9 main available until expended, for Centennial Challenge 

10 projects and programs: Provided, That not less than 50 

11 percent of the total cost of each project or program shall 

12 be derived from non-Federal sources in the form of do13 nated cash, assets, or a pledge of donation guaranteed by 

14 an irrevocable letter of credit. 

15 ADMINISTRATIVE PROVISIONS

16 (INCLUDING TRANSFER OF FUNDS)

17 In addition to other uses set forth in section 

18 101917(c)(2) of title 54, United States Code, franchise 

19 fees credited to a sub-account shall be available for ex20 penditure by the Secretary, without further appropriation, 

21 for use at any unit within the National Park System to 

22 extinguish or reduce liability for Possessory Interest or 

23 leasehold surrender interest. Such funds may only be used 

24 for this purpose to the extent that the benefitting unit an25 ticipated franchise fee receipts over the term of the conVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
19 

HR 21 PCS 

1 tract at that unit exceed the amount of funds used to ex2 tinguish or reduce liability. Franchise fees at the benefit3 ting unit shall be credited to the sub-account of the origi4 nating unit over a period not to exceed the term of a single 

5 contract at the benefitting unit, in the amount of funds 

6 so expended to extinguish or reduce liability. 

7 For the costs of administration of the Land and 

8 Water Conservation Fund grants authorized by section 

9 105(a)(2)(B) of the Gulf of Mexico Energy Security Act 

10 of 2006 (Public Law 109–432), the National Park Service 

11 may retain up to 3 percent of the amounts which are au12 thorized to be disbursed under such section, such retained 

13 amounts to remain available until expended. 

14 National Park Service funds may be transferred to 

15 the Federal Highway Administration (FHWA), Depart16 ment of Transportation, for purposes authorized under 23 

17 U.S.C. 204. Transfers may include a reasonable amount 

18 for FHWA administrative support costs. 

19 UNITED STATES GEOLOGICAL SURVEY

20 SURVEYS, INVESTIGATIONS, AND RESEARCH

21 For expenses necessary for the United States Geo22 logical Survey to perform surveys, investigations, and re23 search covering topography, geology, hydrology, biology, 

24 and the mineral and water resources of the United States, 

25 its territories and possessions, and other areas as authorVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
20 

HR 21 PCS 

1 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

2 to their mineral and water resources; give engineering su3 pervision to power permittees and Federal Energy Regu4 latory Commission licensees; administer the minerals ex5 ploration program (30 U.S.C. 641); conduct inquiries into 

6 the economic conditions affecting mining and materials 

7 processing industries (30 U.S.C. 3, 21a, and 1603; 50 

8 U.S.C. 98g(1)) and related purposes as authorized by law; 

9 and to publish and disseminate data relative to the fore10 going activities; $1,148,457,000, to remain available until 

11 September 30, 2020; of which $100,000 shall be made 

12 available to the United States Geological Survey Mineral 

13 Resources Program for the development of a map depict14 ing pyrrhotite occurrences throughout the United States; 

15 of which $84,337,000 shall remain available until ex16 pended for satellite operations; and of which $15,164,000 

17 shall be available until expended for deferred maintenance 

18 and capital improvement projects that exceed $100,000 in 

19 cost: Provided, That none of the funds provided for the 

20 ecosystem research activity shall be used to conduct new 

21 surveys on private property, unless specifically authorized 

22 in writing by the property owner: Provided further, That 

23 no part of this appropriation shall be used to pay more 

24 than one-half the cost of topographic mapping or water 

25 resources data collection and investigations carried on in 


pbinns on DSK79D2C42PROD with BILLS
21 

HR 21 PCS 

1 cooperation with States and municipalities: Provided fur2 ther, That of the amounts made available under this head3 ing, not less than $200,000 shall be used for activities to 

4 better understand mechanisms that result in toxins being 

5 present in harmful algal blooms. 

6 ADMINISTRATIVE PROVISIONS

7 From within the amount appropriated for activities 

8 of the United States Geological Survey such sums as are 

9 necessary shall be available for contracting for the fur10 nishing of topographic maps and for the making of geo11 physical or other specialized surveys when it is administra12 tively determined that such procedures are in the public 

13 interest; construction and maintenance of necessary build14 ings and appurtenant facilities; acquisition of lands for 

15 gauging stations, observation wells, and seismic equip16 ment; expenses of the United States National Committee 

17 for Geological Sciences; and payment of compensation and 

18 expenses of persons employed by the Survey duly ap19 pointed to represent the United States in the negotiation 

20 and administration of interstate compacts: Provided, That 

21 activities funded by appropriations herein made may be 

22 accomplished through the use of contracts, grants, or co23 operative agreements as defined in section 6302 of title 

24 31, United States Code: Provided further, That the United 

25 States Geological Survey may enter into contracts or coopVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
22 

HR 21 PCS 

1 erative agreements directly with individuals or indirectly 

2 with institutions or nonprofit organizations, without re3 gard to 41 U.S.C. 6101, for the temporary or intermittent 

4 services of students or recent graduates, who shall be con5 sidered employees for the purpose of chapters 57 and 81 

6 of title 5, United States Code, relating to compensation 

7 for travel and work injuries, and chapter 171 of title 28, 

8 United States Code, relating to tort claims, but shall not 

9 be considered to be Federal employees for any other pur10 poses. 

11 BUREAU OF OCEAN ENERGY MANAGEMENT

12 OCEAN ENERGY MANAGEMENT

13 For expenses necessary for granting and admin14 istering leases, easements, rights-of-way and agreements 

15 for use for oil and gas, other minerals, energy, and ma16 rine-related purposes on the Outer Continental Shelf and 

17 approving operations related thereto, as authorized by law; 

18 for environmental studies, as authorized by law; for imple19 menting other laws and to the extent provided by Presi20 dential or Secretarial delegation; and for matching grants 

21 or cooperative agreements, $179,266,000, of which 

22 $129,450,000 is to remain available until September 30, 

23 2020, and of which $49,816,000 is to remain available 

24 until expended: Provided, That this total appropriation 

25 shall be reduced by amounts collected by the Secretary 


pbinns on DSK79D2C42PROD with BILLS
23 

HR 21 PCS 

1 and credited to this appropriation from additions to re2 ceipts resulting from increases to lease rental rates in ef3 fect on August 5, 1993, and from cost recovery fees from 

4 activities conducted by the Bureau of Ocean Energy Man5 agement pursuant to the Outer Continental Shelf Lands 

6 Act, including studies, assessments, analysis, and miscella7 neous administrative activities: Provided further, That the 

8 sum herein appropriated shall be reduced as such collec9 tions are received during the fiscal year, so as to result 

10 in a final fiscal year 2019 appropriation estimated at not 

11 more than $129,450,000: Provided further, That not to 

12 exceed $3,000 shall be available for reasonable expenses 

13 related to promoting volunteer beach and marine cleanup 

14 activities. 

15 BUREAU OF SAFETY AND ENVIRONMENTAL

16 ENFORCEMENT

17 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

18 For expenses necessary for the regulation of oper19 ations related to leases, easements, rights-of-way and 

20 agreements for use for oil and gas, other minerals, energy, 

21 and marine-related purposes on the Outer Continental 

22 Shelf, as authorized by law; for enforcing and imple23 menting laws and regulations as authorized by law and 

24 to the extent provided by Presidential or Secretarial dele25 gation; and for matching grants or cooperative agreeVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
24 

HR 21 PCS 

1 ments, $145,475,000, of which $121,351,000 is to remain 

2 available until September 30, 2020, and of which 

3 $24,124,000 is to remain available until expended: Pro4 vided, That this total appropriation shall be reduced by 

5 amounts collected by the Secretary and credited to this 

6 appropriation from additions to receipts resulting from in7 creases to lease rental rates in effect on August 5, 1993, 

8 and from cost recovery fees from activities conducted by 

9 the Bureau of Safety and Environmental Enforcement 

10 pursuant to the Outer Continental Shelf Lands Act, in11 cluding studies, assessments, analysis, and miscellaneous 

12 administrative activities: Provided further, That the sum 

13 herein appropriated shall be reduced as such collections 

14 are received during the fiscal year, so as to result in a 

15 final fiscal year 2019 appropriation estimated at not more 

16 than $121,351,000. 

17 For an additional amount, $41,765,000, to remain 

18 available until expended, to be reduced by amounts col19 lected by the Secretary and credited to this appropriation, 

20 which shall be derived from non-refundable inspection fees 

21 collected in fiscal year 2019, as provided in this Act: Pro22 vided, That to the extent that amounts realized from such 

23 inspection fees exceed $41,765,000, the amounts realized 

24 in excess of $41,765,000 shall be credited to this appro25 priation and remain available until expended: Provided 


pbinns on DSK79D2C42PROD with BILLS
25 

HR 21 PCS 

1 further, That for fiscal year 2019, not less than 50 percent 

2 of the inspection fees expended by the Bureau of Safety 

3 and Environmental Enforcement will be used to fund per4 sonnel and mission-related costs to expand capacity and 

5 expedite the orderly development, subject to environmental 

6 safeguards, of the Outer Continental Shelf pursuant to the 

7 Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 

8 seq.), including the review of applications for permits to 

9 drill. 

10 OIL SPILL RESEARCH

11 For necessary expenses to carry out title I, section 

12 1016, title IV, sections 4202 and 4303, title VII, and title 

13 VIII, section 8201 of the Oil Pollution Act of 1990, 

14 $12,700,000, which shall be derived from the Oil Spill Li15 ability Trust Fund, to remain available until expended. 

16 OFFICE OF SURFACE MINING RECLAMATION AND

17 ENFORCEMENT

18 REGULATION AND TECHNOLOGY

19 For necessary expenses to carry out the provisions 

20 of the Surface Mining Control and Reclamation Act of 

21 1977, Public Law 95–87, $114,900,000, to remain avail22 able until September 30, 2020: Provided, That appropria23 tions for the Office of Surface Mining Reclamation and 

24 Enforcement may provide for the travel and per diem ex25 penses of State and tribal personnel attending Office of 


pbinns on DSK79D2C42PROD with BILLS
26 

HR 21 PCS 

1 Surface Mining Reclamation and Enforcement sponsored 

2 training. 

3 In addition, for costs to review, administer, and en4 force permits issued by the Office pursuant to section 507 

5 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to re6 main available until expended: Provided, That fees as7 sessed and collected by the Office pursuant to such section 

8 507 shall be credited to this account as discretionary off9 setting collections, to remain available until expended: 

10 Provided further, That the sum herein appropriated from 

11 the general fund shall be reduced as collections are re12 ceived during the fiscal year, so as to result in a fiscal 

13 year 2019 appropriation estimated at not more than 

14 $114,900,000. 

15 ABANDONED MINE RECLAMATION FUND

16 For necessary expenses to carry out title IV of the 

17 Surface Mining Control and Reclamation Act of 1977, 

18 Public Law 95–87, $22,952,000, to be derived from re19 ceipts of the Abandoned Mine Reclamation Fund and to 

20 remain available until expended: Provided, That pursuant 

21 to Public Law 97–365, the Department of the Interior is 

22 authorized to use up to 20 percent from the recovery of 

23 the delinquent debt owed to the United States Government 

24 to pay for contracts to collect these debts: Provided fur25 ther, That funds made available under title IV of Public 


pbinns on DSK79D2C42PROD with BILLS
27 

HR 21 PCS 

1 Law 95–87 may be used for any required non-Federal 

2 share of the cost of projects funded by the Federal Gov3 ernment for the purpose of environmental restoration re4 lated to treatment or abatement of acid mine drainage 

5 from abandoned mines: Provided further, That such 

6 projects must be consistent with the purposes and prior7 ities of the Surface Mining Control and Reclamation Act: 

8 Provided further, That amounts provided under this head9 ing may be used for the travel and per diem expenses of 

10 State and tribal personnel attending Office of Surface 

11 Mining Reclamation and Enforcement sponsored training. 

12 In addition, $115,000,000, to remain available until 

13 expended, for grants to States and federally recognized In14 dian Tribes for reclamation of abandoned mine lands and 

15 other related activities in accordance with the terms and 

16 conditions in Senate report 115-276: Provided, That such 

17 additional amount shall be used for economic and commu18 nity development in conjunction with the priorities in sec19 tion 403(a) of the Surface Mining Control and Reclama20 tion Act of 1977 (30 U.S.C. 1233(a)): Provided further, 

21 That of such additional amount, $75,000,000 shall be dis22 tributed in equal amounts to the 3 Appalachian States 

23 with the greatest amount of unfunded needs to meet the 

24 priorities described in paragraphs (1) and (2) of such sec25 tion, $30,000,000 shall be distributed in equal amounts 


pbinns on DSK79D2C42PROD with BILLS
28 

HR 21 PCS 

1 to the 3 Appalachian States with the subsequent greatest 

2 amount of unfunded needs to meet such priorities, and 

3 $10,000,000 shall be for grants to federally recognized In4 dian Tribes without regard to their status as certified or 

5 uncertified under the Surface Mining Control and Rec6 lamation Act of 1977 (30 U.S.C. 1233(a)), for reclama7 tion of abandoned mine lands and other related activities 

8 in accordance with the terms and conditions in Senate re9 port 115-276 and shall be used for economic and commu10 nity development in conjunction with the priorities in sec11 tion 403(a) of the Surface Mining Control and Reclama12 tion Act of 1977: Provided further, That such additional 

13 amount shall be allocated to States and Indian Tribes 

14 within 60 days after the date of enactment of this Act. 

15 BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN

16 EDUCATION

17 OPERATION OF INDIAN PROGRAMS

18 (INCLUDING TRANSFER OF FUNDS)

19 For expenses necessary for the operation of Indian 

20 programs, as authorized by law, including the Snyder Act 

21 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De22 termination and Education Assistance Act of 1975 (25 

23 U.S.C. 5301 et seq.), the Education Amendments of 1978 

24 (25 U.S.C. 2001–2019), and the Tribally Controlled 

25 Schools Act of 1988 (25 U.S.C. 2501 et seq.), 


pbinns on DSK79D2C42PROD with BILLS
29 

HR 21 PCS 

1 $2,403,890,000, to remain available until September 30, 

2 2020, except as otherwise provided herein; of which not 

3 to exceed $8,500 may be for official reception and rep4 resentation expenses; of which not to exceed $76,000,000 

5 shall be for welfare assistance payments: Provided, That 

6 in cases of designated Federal disasters, the Secretary 

7 may exceed such cap, from the amounts provided herein, 

8 to provide for disaster relief to Indian communities af9 fected by the disaster: Provided further, That federally rec10 ognized Indian tribes and tribal organizations of federally 

11 recognized Indian tribes may use their tribal priority allo12 cations for unmet welfare assistance costs: Provided fur13 ther, That not to exceed $680,673,000 for school oper14 ations costs of Bureau-funded schools and other education 

15 programs shall become available on July 1, 2019, and 

16 shall remain available until September 30, 2020: Provided 

17 further, That not to exceed $54,174,000 shall remain 

18 available until expended for housing improvement, road 

19 maintenance, attorney fees, litigation support, land 

20 records improvement, and the Navajo-Hopi Settlement 

21 Program: Provided further, That notwithstanding any 

22 other provision of law, including but not limited to the 

23 Indian Self-Determination Act of 1975 (25 U.S.C. 5301 

24 et seq.) and section 1128 of the Education Amendments 

25 of 1978 (25 U.S.C. 2008), not to exceed $81,036,000 


pbinns on DSK79D2C42PROD with BILLS
30 

HR 21 PCS 

1 within and only from such amounts made available for 

2 school operations shall be available for administrative cost 

3 grants associated with grants approved prior to July 1, 

4 2019: Provided further, That any forestry funds allocated 

5 to a federally recognized tribe which remain unobligated 

6 as of September 30, 2020, may be transferred during fis7 cal year 2021 to an Indian forest land assistance account 

8 established for the benefit of the holder of the funds within 

9 the holder’s trust fund account: Provided further, That 

10 any such unobligated balances not so transferred shall ex11 pire on September 30, 2021: Provided further, That in 

12 order to enhance the safety of Bureau field employees, the 

13 Bureau may use funds to purchase uniforms or other iden14 tifying articles of clothing for personnel. 

15 CONTRACT SUPPORT COSTS

16 For payments to tribes and tribal organizations for 

17 contract support costs associated with Indian Self-Deter18 mination and Education Assistance Act agreements with 

19 the Bureau of Indian Affairs for fiscal year 2019, such 

20 sums as may be necessary, which shall be available for 

21 obligation through September 30, 2020: Provided, That 

22 notwithstanding any other provision of law, no amounts 

23 made available under this heading shall be available for 

24 transfer to another budget account. 


pbinns on DSK79D2C42PROD with BILLS
31 

HR 21 PCS 

1 CONSTRUCTION

2 (INCLUDING TRANSFER OF FUNDS)

3 For construction, repair, improvement, and mainte4 nance of irrigation and power systems, buildings, utilities, 

5 and other facilities, including architectural and engineer6 ing services by contract; acquisition of lands, and interests 

7 in lands; and preparation of lands for farming, and for 

8 construction of the Navajo Indian Irrigation Project pur9 suant to Public Law 87–483; $359,419,000, to remain 

10 available until expended: Provided, That such amounts as 

11 may be available for the construction of the Navajo Indian 

12 Irrigation Project may be transferred to the Bureau of 

13 Reclamation: Provided further, That not to exceed 6 per14 cent of contract authority available to the Bureau of In15 dian Affairs from the Federal Highway Trust Fund may 

16 be used to cover the road program management costs of 

17 the Bureau: Provided further, That any funds provided for 

18 the Safety of Dams program pursuant to the Act of No19 vember 2, 1921 (25 U.S.C. 13), shall be made available 

20 on a nonreimbursable basis: Provided further, That for fis21 cal year 2019, in implementing new construction, replace22 ment facilities construction, or facilities improvement and 

23 repair project grants in excess of $100,000 that are pro24 vided to grant schools under Public Law 100–297, the 

25 Secretary of the Interior shall use the Administrative and 


pbinns on DSK79D2C42PROD with BILLS
32 

HR 21 PCS 

1 Audit Requirements and Cost Principles for Assistance 

2 Programs contained in part 12 of title 43, Code of Federal 

3 Regulations, as the regulatory requirements: Provided fur4 ther, That such grants shall not be subject to section 

5 12.61 of title 43, Code of Federal Regulations; the Sec6 retary and the grantee shall negotiate and determine a 

7 schedule of payments for the work to be performed: Pro8 vided further, That in considering grant applications, the 

9 Secretary shall consider whether such grantee would be 

10 deficient in assuring that the construction projects con11 form to applicable building standards and codes and Fed12 eral, tribal, or State health and safety standards as re13 quired by section 1125(b) of title XI of Public Law 95– 

14 561 (25 U.S.C. 2005(b)), with respect to organizational 

15 and financial management capabilities: Provided further, 

16 That if the Secretary declines a grant application, the Sec17 retary shall follow the requirements contained in section 

18 5206(f) of Public Law 100–297 (25 U.S.C. 2504(f)): Pro19 vided further, That any disputes between the Secretary 

20 and any grantee concerning a grant shall be subject to 

21 the disputes provision in section 5208(e) of Public Law 

22 107–110 (25 U.S.C. 2507(e)): Provided further, That in 

23 order to ensure timely completion of construction projects, 

24 the Secretary may assume control of a project and all 

25 funds related to the project, if, within 18 months of the 


pbinns on DSK79D2C42PROD with BILLS
33 

HR 21 PCS 

1 date of enactment of this Act, any grantee receiving funds 

2 appropriated in this Act or in any prior Act, has not com3 pleted the planning and design phase of the project and 

4 commenced construction: Provided further, That this ap5 propriation may be reimbursed from the Office of the Spe6 cial Trustee for American Indians appropriation for the 

7 appropriate share of construction costs for space expan8 sion needed in agency offices to meet trust reform imple9 mentation: Provided further, That of the funds made avail10 able under this heading, $10,000,000 shall be derived 

11 from the Indian Irrigation Fund established by section 

12 3211 of the WIIN Act (Public Law 114–322; 130 Stat. 

13 1749). 

14 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

15 MISCELLANEOUS PAYMENTS TO INDIANS

16 For payments and necessary administrative expenses 

17 for implementation of Indian land and water claim settle18 ments pursuant to Public Laws 99–264, 100–580, 101– 

19 618, 111–11, 111–291, and 114–322, and for implemen20 tation of other land and water rights settlements, 

21 $55,457,000, to remain available until expended: Pro22 vided, That the Secretary shall make payments in such 

23 amounts as necessary to satisfy the total authorized 

24 amount for the Navajo Nation Water Rights Trust Fund. 


pbinns on DSK79D2C42PROD with BILLS
34 

HR 21 PCS 

1 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

2 For the cost of guaranteed loans and insured loans, 

3 $9,279,000, of which $1,252,000 is for administrative ex4 penses, as authorized by the Indian Financing Act of 

5 1974: Provided, That such costs, including the cost of 

6 modifying such loans, shall be as defined in section 502 

7 of the Congressional Budget Act of 1974: Provided fur8 ther, That these funds are available to subsidize total loan 

9 principal, any part of which is to be guaranteed or insured, 

10 not to exceed $123,565,389. 

11 ADMINISTRATIVE PROVISIONS

12 The Bureau of Indian Affairs may carry out the oper13 ation of Indian programs by direct expenditure, contracts, 

14 cooperative agreements, compacts, and grants, either di15 rectly or in cooperation with States and other organiza16 tions. 

17 Notwithstanding Public Law 87–279 (25 U.S.C. 15), 

18 the Bureau of Indian Affairs may contract for services in 

19 support of the management, operation, and maintenance 

20 of the Power Division of the San Carlos Irrigation Project. 

21 Notwithstanding any other provision of law, no funds 

22 available to the Bureau of Indian Affairs for central office 

23 oversight and Executive Direction and Administrative 

24 Services (except executive direction and administrative 

25 services funding for Tribal Priority Allocations, regional 


pbinns on DSK79D2C42PROD with BILLS
35 

HR 21 PCS 

1 offices, and facilities operations and maintenance) shall be 

2 available for contracts, grants, compacts, or cooperative 

3 agreements with the Bureau of Indian Affairs under the 

4 provisions of the Indian Self-Determination Act or the 

5 Tribal Self-Governance Act of 1994 (Public Law 103– 

6 413). 

7 In the event any tribe returns appropriations made 

8 available by this Act to the Bureau of Indian Affairs, this 

9 action shall not diminish the Federal Government’s trust 

10 responsibility to that tribe, or the government-to-govern11 ment relationship between the United States and that 

12 tribe, or that tribe’s ability to access future appropria13 tions. 

14 Notwithstanding any other provision of law, no funds 

15 available to the Bureau of Indian Education, other than 

16 the amounts provided herein for assistance to public 

17 schools under 25 U.S.C. 452 et seq., shall be available to 

18 support the operation of any elementary or secondary 

19 school in the State of Alaska. 

20 No funds available to the Bureau of Indian Edu21 cation shall be used to support expanded grades for any 

22 school or dormitory beyond the grade structure in place 

23 or approved by the Secretary of the Interior at each school 

24 in the Bureau of Indian Education school system as of 

25 October 1, 1995, except that the Secretary of the Interior 


pbinns on DSK79D2C42PROD with BILLS
36 

HR 21 PCS 

1 may waive this prohibition to support expansion of up to 

2 one additional grade when the Secretary determines such 

3 waiver is needed to support accomplishment of the mission 

4 of the Bureau of Indian Education, or more than one 

5 grade to expand the elementary grade structure for Bu6 reau-funded schools with a K–2 grade structure on Octo7 ber 1, 1996. Appropriations made available in this or any 

8 prior Act for schools funded by the Bureau shall be avail9 able, in accordance with the Bureau’s funding formula, 

10 only to the schools in the Bureau school system as of Sep11 tember 1, 1996, and to any school or school program that 

12 was reinstated in fiscal year 2012. Funds made available 

13 under this Act may not be used to establish a charter 

14 school at a Bureau-funded school (as that term is defined 

15 in section 1141 of the Education Amendments of 1978 

16 (25 U.S.C. 2021)), except that a charter school that is 

17 in existence on the date of the enactment of this Act and 

18 that has operated at a Bureau-funded school before Sep19 tember 1, 1999, may continue to operate during that pe20 riod, but only if the charter school pays to the Bureau 

21 a pro rata share of funds to reimburse the Bureau for 

22 the use of the real and personal property (including buses 

23 and vans), the funds of the charter school are kept sepa24 rate and apart from Bureau funds, and the Bureau does 

25 not assume any obligation for charter school programs of 


pbinns on DSK79D2C42PROD with BILLS
37 

HR 21 PCS 

1 the State in which the school is located if the charter 

2 school loses such funding. Employees of Bureau-funded 

3 schools sharing a campus with a charter school and per4 forming functions related to the charter school’s operation 

5 and employees of a charter school shall not be treated as 

6 Federal employees for purposes of chapter 171 of title 28, 

7 United States Code. 

8 Notwithstanding any other provision of law, including 

9 section 113 of title I of appendix C of Public Law 106– 

10 113, if in fiscal year 2003 or 2004 a grantee received indi11 rect and administrative costs pursuant to a distribution 

12 formula based on section 5(f) of Public Law 101–301, the 

13 Secretary shall continue to distribute indirect and admin14 istrative cost funds to such grantee using the section 5(f) 

15 distribution formula. 

16 Funds available under this Act may not be used to 

17 establish satellite locations of schools in the Bureau school 

18 system as of September 1, 1996, except that the Secretary 

19 may waive this prohibition in order for an Indian tribe 

20 to provide language and cultural immersion educational 

21 programs for non-public schools located within the juris22 dictional area of the tribal government which exclusively 

23 serve tribal members, do not include grades beyond those 

24 currently served at the existing Bureau-funded school, 

25 provide an educational environment with educator presVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
38 

HR 21 PCS 

1 ence and academic facilities comparable to the Bureau2 funded school, comply with all applicable Tribal, Federal, 

3 or State health and safety standards, and the Americans 

4 with Disabilities Act, and demonstrate the benefits of es5 tablishing operations at a satellite location in lieu of incur6 ring extraordinary costs, such as for transportation or 

7 other impacts to students such as those caused by busing 

8 students extended distances: Provided, That no funds 

9 available under this Act may be used to fund operations, 

10 maintenance, rehabilitation, construction or other facili11 ties-related costs for such assets that are not owned by 

12 the Bureau: Provided further, That the term ‘‘satellite 

13 school’’ means a school location physically separated from 

14 the existing Bureau school by more than 50 miles but that 

15 forms part of the existing school in all other respects. 

16 DEPARTMENTAL OFFICES

17 OFFICE OF THE SECRETARY

18 DEPARTMENTAL OPERATIONS

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses for management of the De21 partment of the Interior and for grants and cooperative 

22 agreements, as authorized by law, $131,673,000, to re23 main available until September 30, 2020; of which not to 

24 exceed $15,000 may be for official reception and represen25 tation expenses; and of which up to $1,000,000 shall be 


pbinns on DSK79D2C42PROD with BILLS
39 

HR 21 PCS 

1 available for workers compensation payments and unem2 ployment compensation payments associated with the or3 derly closure of the United States Bureau of Mines; and 

4 of which $9,000,000 for the Office of Valuation Services 

5 is to be derived from the Land and Water Conservation 

6 Fund and shall remain available until expended; and of 

7 which $9,704,000 for Indian land, mineral, and resource 

8 valuation activities shall remain available until expended: 

9 Provided, That funds for Indian land, mineral, and re10 source valuation activities may, as needed, be transferred 

11 to and merged with the Bureau of Indian Affairs and Bu12 reau of Indian Education ‘‘Operation of Indian Programs’’ 

13 account and the Office of the Special Trustee for Amer14 ican Indians ‘‘Federal Trust Programs’’ account: Provided 

15 further, That funds made available through contracts or 

16 grants obligated during fiscal year 2019, as authorized by 

17 the Indian Self-Determination Act of 1975 (25 U.S.C. 

18 5301 et seq.), shall remain available until expended by the 

19 contractor or grantee: Provided further, That within avail20 able amounts provided under this heading, the Secretary 

21 of the Interior shall designate the rest area bound by Alex22 andria Avenue, West Boulevard Drive, and the George 

23 Washington Memorial Parkway on the Mount Vernon 

24 Trail within the George Washington Memorial Parkway 

25 as the ‘‘Peter B. Webster III Memorial Area’’ and any 


pbinns on DSK79D2C42PROD with BILLS
40 

HR 21 PCS 

1 reference in a law, map regulation, document, paper, or 

2 other record of the United States to the rest area shall 

3 be deemed to be a reference to the ‘‘Peter B. Webster III 

4 Memorial Area’’; Provided further, That the Secretary of 

5 the Interior shall accept and expend private contributions 

6 for the design, procurement, preparation, and installation 

7 of a plaque honoring Peter B. Webster III on the condition 

8 that the Director of the National Park Service shall ap9 prove the design and placement of the plaque: Provided 

10 further, That of the amounts made available under this 

11 heading, $400,000 shall be made available to the commis12 sion established by section 3(a) of the Alyce Spotted Bear 

13 and Walter Soboleff Commission on Native Children Act 

14 (Public Law 114–244; 130 Stat. 981). 

15 ADMINISTRATIVE PROVISIONS

16 For fiscal year 2019, up to $400,000 of the payments 

17 authorized by chapter 69 of title 31, United States Code, 

18 may be retained for administrative expenses of the Pay19 ments in Lieu of Taxes Program: Provided, That the 

20 amounts provided under this Act specifically for the Pay21 ments in Lieu of Taxes program are the only amounts 

22 available for payments authorized under chapter 69 of 

23 title 31, United States Code: Provided further, That in the 

24 event the sums appropriated for any fiscal year for pay25 ments pursuant to this chapter are insufficient to make 


pbinns on DSK79D2C42PROD with BILLS
41 

HR 21 PCS 

1 the full payments authorized by that chapter to all units 

2 of local government, then the payment to each local gov3 ernment shall be made proportionally: Provided further, 

4 That the Secretary may make adjustments to payment to 

5 individual units of local government to correct for prior 

6 overpayments or underpayments: Provided further, That 

7 no payment shall be made pursuant to that chapter to oth8 erwise eligible units of local government if the computed 

9 amount of the payment is less than $100. 

10 INSULAR AFFAIRS

11 ASSISTANCE TO TERRITORIES

12 For expenses necessary for assistance to territories 

13 under the jurisdiction of the Department of the Interior 

14 and other jurisdictions identified in section 104(e) of Pub15 lic Law 108–188, $100,688,000, of which: (1) 

16 $91,240,000 shall remain available until expended for ter17 ritorial assistance, including general technical assistance, 

18 maintenance assistance, disaster assistance, coral reef ini19 tiative activities, and brown tree snake control and re20 search; grants to the judiciary in American Samoa for 

21 compensation and expenses, as authorized by law (48 

22 U.S.C. 1661(c)); grants to the Government of American 

23 Samoa, in addition to current local revenues, for construc24 tion and support of governmental functions; grants to the 

25 Government of the Virgin Islands, as authorized by law; 


pbinns on DSK79D2C42PROD with BILLS
42 

HR 21 PCS 

1 grants to the Government of Guam, as authorized by law; 

2 and grants to the Government of the Northern Mariana 

3 Islands , as authorized by law (Public Law 94–241; 90 

4 Stat. 272); and (2) $9,448,000 shall be available until 

5 September 30, 2020, for salaries and expenses of the Of6 fice of Insular Affairs: Provided, That all financial trans7 actions of the territorial and local governments herein pro8 vided for, including such transactions of all agencies or 

9 instrumentalities established or used by such governments, 

10 may be audited by the Government Accountability Office, 

11 at its discretion, in accordance with chapter 35 of title 

12 31, United States Code: Provided further, That Northern 

13 Mariana Islands Covenant grant funding shall be provided 

14 according to those terms of the Agreement of the Special 

15 Representatives on Future United States Financial Assist16 ance for the Northern Mariana Islands approved by Public 

17 Law 104–134: Provided further, That the funds for the 

18 program of operations and maintenance improvement are 

19 appropriated to institutionalize routine operations and 

20 maintenance improvement of capital infrastructure with 

21 territorial participation and cost sharing to be determined 

22 by the Secretary based on the grantee’s commitment to 

23 timely maintenance of its capital assets: Provided further, 

24 That any appropriation for disaster assistance under this 

25 heading in this Act or previous appropriations Acts may 


pbinns on DSK79D2C42PROD with BILLS
43 

HR 21 PCS 

1 be used as non–Federal matching funds for the purpose 

2 of hazard mitigation grants provided pursuant to section 

3 404 of the Robert T. Stafford Disaster Relief and Emer4 gency Assistance Act (42 U.S.C. 5170c). 

5 COMPACT OF FREE ASSOCIATION

6 For grants and necessary expenses, $3,563,000, to 

7 remain available until expended, as provided for in sec8 tions 221(a)(2) and 233 of the Compact of Free Associa9 tion for the Republic of Palau; and section 221(a)(2) of 

10 the Compacts of Free Association for the Government of 

11 the Republic of the Marshall Islands and the Federated 

12 States of Micronesia, as authorized by Public Law 99– 

13 658 and Public Law 108–188. 

14 ADMINISTRATIVE PROVISIONS

15 (INCLUDING TRANSFER OF FUNDS)

16 At the request of the Governor of Guam, the Sec17 retary may transfer discretionary funds or mandatory 

18 funds provided under section 104(e) of Public Law 108– 

19 188 and Public Law 104–134, that are allocated for 

20 Guam, to the Secretary of Agriculture for the subsidy cost 

21 of direct or guaranteed loans, plus not to exceed three per22 cent of the amount of the subsidy transferred for the cost 

23 of loan administration, for the purposes authorized by the 

24 Rural Electrification Act of 1936 and section 306(a)(1) 

25 of the Consolidated Farm and Rural Development Act for 


pbinns on DSK79D2C42PROD with BILLS
44 

HR 21 PCS 

1 construction and repair projects in Guam, and such funds 

2 shall remain available until expended: Provided, That such 

3 costs, including the cost of modifying such loans, shall be 

4 as defined in section 502 of the Congressional Budget Act 

5 of 1974: Provided further, That such loans or loan guaran6 tees may be made without regard to the population of the 

7 area, credit elsewhere requirements, and restrictions on 

8 the types of eligible entities under the Rural Electrifica9 tion Act of 1936 and section 306(a)(1) of the Consolidated 

10 Farm and Rural Development Act: Provided further, That 

11 any funds transferred to the Secretary of Agriculture shall 

12 be in addition to funds otherwise made available to make 

13 or guarantee loans under such authorities. 

14 OFFICE OF THE SOLICITOR

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of the Solicitor, 

17 $65,674,000. 

18 OFFICE OF INSPECTOR GENERAL

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of Inspector 

21 General, $52,486,000. 


pbinns on DSK79D2C42PROD with BILLS
45 

HR 21 PCS 

1 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN

2 INDIANS

3 FEDERAL TRUST PROGRAMS

4 (INCLUDING TRANSFER OF FUNDS)

5 For the operation of trust programs for Indians by 

6 direct expenditure, contracts, cooperative agreements, 

7 compacts, and grants, $112,380,000, to remain available 

8 until expended, of which not to exceed $19,016,000 from 

9 this or any other Act, may be available for historical ac10 counting: Provided, That funds for trust management im11 provements and litigation support may, as needed, be 

12 transferred to or merged with the Bureau of Indian Af13 fairs and Bureau of Indian Education, ‘‘Operation of In14 dian Programs’’ account; the Office of the Solicitor, ‘‘Sala15 ries and Expenses’’ account; and the Office of the Sec16 retary, ‘‘Departmental Operations’’ account: Provided fur17 ther, That funds made available through contracts or 

18 grants obligated during fiscal year 2019, as authorized by 

19 the Indian Self-Determination Act of 1975 (25 U.S.C. 

20 5301 et seq.), shall remain available until expended by the 

21 contractor or grantee: Provided further, That notwith22 standing any other provision of law, the Secretary shall 

23 not be required to provide a quarterly statement of per24 formance for any Indian trust account that has not had 

25 activity for at least 15 months and has a balance of $15 


pbinns on DSK79D2C42PROD with BILLS
46 

HR 21 PCS 

1 or less: Provided further, That the Secretary shall issue 

2 an annual account statement and maintain a record of any 

3 such accounts and shall permit the balance in each such 

4 account to be withdrawn upon the express written request 

5 of the account holder: Provided further, That not to exceed 

6 $50,000 is available for the Secretary to make payments 

7 to correct administrative errors of either disbursements 

8 from or deposits to Individual Indian Money or Tribal ac9 counts after September 30, 2002: Provided further, That 

10 erroneous payments that are recovered shall be credited 

11 to and remain available in this account for this purpose: 

12 Provided further, That the Secretary shall not be required 

13 to reconcile Special Deposit Accounts with a balance of 

14 less than $500 unless the Office of the Special Trustee 

15 receives proof of ownership from a Special Deposit Ac16 counts claimant: Provided further, That notwithstanding 

17 section 102 of the American Indian Trust Fund Manage18 ment Reform Act of 1994 (Public Law 103–412) or any 

19 other provision of law, the Secretary may aggregate the 

20 trust accounts of individuals whose whereabouts are un21 known for a continuous period of at least five years and 

22 shall not be required to generate periodic statements of 

23 performance for the individual accounts: Provided further, 

24 That with respect to the eighth proviso, the Secretary shall 

25 continue to maintain sufficient records to determine the 


pbinns on DSK79D2C42PROD with BILLS
47 

HR 21 PCS 

1 balance of the individual accounts, including any accrued 

2 interest and income, and such funds shall remain available 

3 to the individual account holders. 

4 DEPARTMENT-WIDE PROGRAMS

5 WILDLAND FIRE MANAGEMENT

6 (INCLUDING TRANSFERS OF FUNDS)

7 For necessary expenses for fire preparedness, fire 

8 suppression operations, fire science and research, emer9 gency rehabilitation, fuels management activities, and 

10 rural fire assistance by the Department of the Interior, 

11 $1,116,076,000, to remain available until expended, of 

12 which not to exceed $18,427,000 shall be for the renova13 tion or construction of fire facilities: Provided, That such 

14 funds are also available for repayment of advances to 

15 other appropriation accounts from which funds were pre16 viously transferred for such purposes: Provided further, 

17 That of the funds provided $188,000,000 is for fuels man18 agement activities: Provided further, That of the funds 

19 provided $20,470,000 is for burned area rehabilitation: 

20 Provided further, That persons hired pursuant to 43 

21 U.S.C. 1469 may be furnished subsistence and lodging 

22 without cost from funds available from this appropriation: 

23 Provided further, That notwithstanding 42 U.S.C. 1856d, 

24 sums received by a bureau or office of the Department 

25 of the Interior for fire protection rendered pursuant to 42 


pbinns on DSK79D2C42PROD with BILLS
48 

HR 21 PCS 

1 U.S.C. 1856 et seq., protection of United States property, 

2 may be credited to the appropriation from which funds 

3 were expended to provide that protection, and are avail4 able without fiscal year limitation: Provided further, That 

5 using the amounts designated under this title of this Act, 

6 the Secretary of the Interior may enter into procurement 

7 contracts, grants, or cooperative agreements, for fuels 

8 management activities, and for training and monitoring 

9 associated with such fuels management activities on Fed10 eral land, or on adjacent non-Federal land for activities 

11 that benefit resources on Federal land: Provided further, 

12 That the costs of implementing any cooperative agreement 

13 between the Federal Government and any non-Federal en14 tity may be shared, as mutually agreed on by the affected 

15 parties: Provided further, That notwithstanding require16 ments of the Competition in Contracting Act, the Sec17 retary, for purposes of fuels management activities, may 

18 obtain maximum practicable competition among: (1) local 

19 private, nonprofit, or cooperative entities; (2) Youth Con20 servation Corps crews, Public Lands Corps (Public Law 

21 109–154), or related partnerships with State, local, or 

22 nonprofit youth groups; (3) small or micro-businesses; or 

23 (4) other entities that will hire or train locally a significant 

24 percentage, defined as 50 percent or more, of the project 

25 workforce to complete such contracts: Provided further, 


pbinns on DSK79D2C42PROD with BILLS
49 

HR 21 PCS 

1 That in implementing this section, the Secretary shall de2 velop written guidance to field units to ensure account3 ability and consistent application of the authorities pro4 vided herein: Provided further, That funds appropriated 

5 under this heading may be used to reimburse the United 

6 States Fish and Wildlife Service and the National Marine 

7 Fisheries Service for the costs of carrying out their re8 sponsibilities under the Endangered Species Act of 1973 

9 (16 U.S.C. 1531 et seq.) to consult and conference, as 

10 required by section 7 of such Act, in connection with 

11 wildland fire management activities: Provided further, 

12 That the Secretary of the Interior may use wildland fire 

13 appropriations to enter into leases of real property with 

14 local governments, at or below fair market value, to con15 struct capitalized improvements for fire facilities on such 

16 leased properties, including but not limited to fire guard 

17 stations, retardant stations, and other initial attack and 

18 fire support facilities, and to make advance payments for 

19 any such lease or for construction activity associated with 

20 the lease: Provided further, That the Secretary of the Inte21 rior and the Secretary of Agriculture may authorize the 

22 transfer of funds appropriated for wildland fire manage23 ment, in an aggregate amount not to exceed $50,000,000, 

24 between the Departments when such transfers would fa25 cilitate and expedite wildland fire management programs 


pbinns on DSK79D2C42PROD with BILLS
50 

HR 21 PCS 

1 and projects: Provided further, That funds provided for 

2 wildfire suppression shall be available for support of Fed3 eral emergency response actions: Provided further, That 

4 funds appropriated under this heading shall be available 

5 for assistance to or through the Department of State in 

6 connection with forest and rangeland research, technical 

7 information, and assistance in foreign countries, and, with 

8 the concurrence of the Secretary of State, shall be avail9 able to support forestry, wildland fire management, and 

10 related natural resource activities outside the United 

11 States and its territories and possessions, including tech12 nical assistance, education and training, and cooperation 

13 with United States and international organizations. 

14 CENTRAL HAZARDOUS MATERIALS FUND

15 For necessary expenses of the Department of the In16 terior and any of its component offices and bureaus for 

17 the response action, including associated activities, per18 formed pursuant to the Comprehensive Environmental Re19 sponse, Compensation, and Liability Act (42 U.S.C. 9601 

20 et seq.), $10,010,000, to remain available until expended. 

21 NATURAL RESOURCE DAMAGE ASSESSMENT AND

22 RESTORATION

23 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

24 To conduct natural resource damage assessment, res25 toration activities, and onshore oil spill preparedness by 


pbinns on DSK79D2C42PROD with BILLS
51 

HR 21 PCS 

1 the Department of the Interior necessary to carry out the 

2 provisions of the Comprehensive Environmental Response, 

3 Compensation, and Liability Act (42 U.S.C. 9601 et seq.), 

4 the Federal Water Pollution Control Act (33 U.S.C. 1251 

5 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 

6 et seq.), and 54 U.S.C. 100721 et seq., $7,767,000, to 

7 remain available until expended. 

8 WORKING CAPITAL FUND

9 For the operation and maintenance of a departmental 

10 financial and business management system, information 

11 technology improvements of general benefit to the Depart12 ment, cybersecurity, and the consolidation of facilities and 

13 operations throughout the Department, $56,735,000, to 

14 remain available until expended: Provided, That none of 

15 the funds appropriated in this Act or any other Act may 

16 be used to establish reserves in the Working Capital Fund 

17 account other than for accrued annual leave and deprecia18 tion of equipment without prior approval of the Commit19 tees on Appropriations of the House of Representatives 

20 and the Senate: Provided further, That the Secretary may 

21 assess reasonable charges to State, local and tribal govern22 ment employees for training services provided by the Na23 tional Indian Program Training Center, other than train24 ing related to Public Law 93–638: Provided further, That 

25 the Secretary may lease or otherwise provide space and 


pbinns on DSK79D2C42PROD with BILLS
52 

HR 21 PCS 

1 related facilities, equipment or professional services of the 

2 National Indian Program Training Center to State, local 

3 and tribal government employees or persons or organiza4 tions engaged in cultural, educational, or recreational ac5 tivities (as defined in section 3306(a) of title 40, United 

6 States Code) at the prevailing rate for similar space, facili7 ties, equipment, or services in the vicinity of the National 

8 Indian Program Training Center: Provided further, That 

9 all funds received pursuant to the two preceding provisos 

10 shall be credited to this account, shall be available until 

11 expended, and shall be used by the Secretary for necessary 

12 expenses of the National Indian Program Training Center: 

13 Provided further, That the Secretary may enter into grants 

14 and cooperative agreements to support the Office of Nat15 ural Resource Revenue’s collection and disbursement of 

16 royalties, fees, and other mineral revenue proceeds, as au17 thorized by law. 

18 ADMINISTRATIVE PROVISION

19 There is hereby authorized for acquisition from avail20 able resources within the Working Capital Fund, aircraft 

21 which may be obtained by donation, purchase or through 

22 available excess surplus property: Provided, That existing 

23 aircraft being replaced may be sold, with proceeds derived 

24 or trade-in value used to offset the purchase price for the 

25 replacement aircraft. 


pbinns on DSK79D2C42PROD with BILLS
53 

HR 21 PCS 

1 OFFICE OF NATURAL RESOURCES REVENUE

2 For necessary expenses for management of the collec3 tion and disbursement of royalties, fees, and other mineral 

4 revenue proceeds, and for grants and cooperative agree5 ments, as authorized by law, $137,505,000, to remain 

6 available until September 30, 2020; of which $41,727,000 

7 shall remain available until expended for the purpose of 

8 mineral revenue management activities: Provided, That 

9 notwithstanding any other provision of law, $15,000 shall 

10 be available for refunds of overpayments in connection 

11 with certain Indian leases in which the Secretary con12 curred with the claimed refund due, to pay amounts owed 

13 to Indian allottees or tribes, or to correct prior unrecover14 able erroneous payments. 

15 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

16 (INCLUDING TRANSFERS OF FUNDS)

17 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

18 SEC. 101. Appropriations made in this title shall be 

19 available for expenditure or transfer (within each bureau 

20 or office), with the approval of the Secretary, for the emer21 gency reconstruction, replacement, or repair of aircraft, 

22 buildings, utilities, or other facilities or equipment dam23 aged or destroyed by fire, flood, storm, or other unavoid24 able causes: Provided, That no funds shall be made avail25 able under this authority until funds specifically made 


pbinns on DSK79D2C42PROD with BILLS
54 

HR 21 PCS 

1 available to the Department of the Interior for emer2 gencies shall have been exhausted: Provided further, That 

3 all funds used pursuant to this section must be replenished 

4 by a supplemental appropriation, which must be requested 

5 as promptly as possible. 

6 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

7 SEC. 102. The Secretary may authorize the expendi8 ture or transfer of any no year appropriation in this title, 

9 in addition to the amounts included in the budget pro10 grams of the several agencies, for the suppression or emer11 gency prevention of wildland fires on or threatening lands 

12 under the jurisdiction of the Department of the Interior; 

13 for the emergency rehabilitation of burned-over lands 

14 under its jurisdiction; for emergency actions related to po15 tential or actual earthquakes, floods, volcanoes, storms, or 

16 other unavoidable causes; for contingency planning subse17 quent to actual oil spills; for response and natural resource 

18 damage assessment activities related to actual oil spills or 

19 releases of hazardous substances into the environment; for 

20 the prevention, suppression, and control of actual or po21 tential grasshopper and Mormon cricket outbreaks on 

22 lands under the jurisdiction of the Secretary, pursuant to 

23 the authority in section 417(b) of Public Law 106–224 

24 (7 U.S.C. 7717(b)); for emergency reclamation projects 

25 under section 410 of Public Law 95–87; and shall transVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
55 

HR 21 PCS 

1 fer, from any no year funds available to the Office of Sur2 face Mining Reclamation and Enforcement, such funds as 

3 may be necessary to permit assumption of regulatory au4 thority in the event a primacy State is not carrying out 

5 the regulatory provisions of the Surface Mining Act: Pro6 vided, That appropriations made in this title for wildland 

7 fire operations shall be available for the payment of obliga8 tions incurred during the preceding fiscal year, and for 

9 reimbursement to other Federal agencies for destruction 

10 of vehicles, aircraft, or other equipment in connection with 

11 their use for wildland fire operations, with such reimburse12 ment to be credited to appropriations currently available 

13 at the time of receipt thereof: Provided further, That for 

14 wildland fire operations, no funds shall be made available 

15 under this authority until the Secretary determines that 

16 funds appropriated for ‘‘wildland fire suppression’’ shall 

17 be exhausted within 30 days: Provided further, That all 

18 funds used pursuant to this section must be replenished 

19 by a supplemental appropriation, which must be requested 

20 as promptly as possible: Provided further, That such re21 plenishment funds shall be used to reimburse, on a pro 

22 rata basis, accounts from which emergency funds were 

23 transferred. 


pbinns on DSK79D2C42PROD with BILLS
56 

HR 21 PCS 

1 AUTHORIZED USE OF FUNDS

2 SEC. 103. Appropriations made to the Department 

3 of the Interior in this title shall be available for services 

4 as authorized by section 3109 of title 5, United States 

5 Code, when authorized by the Secretary, in total amount 

6 not to exceed $500,000; purchase and replacement of 

7 motor vehicles, including specially equipped law enforce8 ment vehicles; hire, maintenance, and operation of air9 craft; hire of passenger motor vehicles; purchase of re10 prints; payment for telephone service in private residences 

11 in the field, when authorized under regulations approved 

12 by the Secretary; and the payment of dues, when author13 ized by the Secretary, for library membership in societies 

14 or associations which issue publications to members only 

15 or at a price to members lower than to subscribers who 

16 are not members. 

17 AUTHORIZED USE OF FUNDS, INDIAN TRUST

18 MANAGEMENT

19 SEC. 104. Appropriations made in this Act under the 

20 headings Bureau of Indian Affairs and Bureau of Indian 

21 Education, and Office of the Special Trustee for American 

22 Indians and any unobligated balances from prior appro23 priations Acts made under the same headings shall be 

24 available for expenditure or transfer for Indian trust man25 agement and reform activities. Total funding for historical 


pbinns on DSK79D2C42PROD with BILLS
57 

HR 21 PCS 

1 accounting activities shall not exceed amounts specifically 

2 designated in this Act for such purpose. 

3 REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN

4 AFFAIRS

5 SEC. 105. Notwithstanding any other provision of 

6 law, the Secretary of the Interior is authorized to redis7 tribute any Tribal Priority Allocation funds, including 

8 tribal base funds, to alleviate tribal funding inequities by 

9 transferring funds to address identified, unmet needs, 

10 dual enrollment, overlapping service areas or inaccurate 

11 distribution methodologies. No tribe shall receive a reduc12 tion in Tribal Priority Allocation funds of more than 10 

13 percent in fiscal year 2019. Under circumstances of dual 

14 enrollment, overlapping service areas or inaccurate dis15 tribution methodologies, the 10 percent limitation does not 

16 apply. 

17 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

18 SEC. 106. Notwithstanding any other provision of 

19 law, the Secretary of the Interior is authorized to acquire 

20 lands, waters, or interests therein including the use of all 

21 or part of any pier, dock, or landing within the State of 

22 New York and the State of New Jersey, for the purpose 

23 of operating and maintaining facilities in the support of 

24 transportation and accommodation of visitors to Ellis, 

25 Governors, and Liberty Islands, and of other program and 


pbinns on DSK79D2C42PROD with BILLS
58 

HR 21 PCS 

1 administrative activities, by donation or with appropriated 

2 funds, including franchise fees (and other monetary con3 sideration), or by exchange; and the Secretary is author4 ized to negotiate and enter into leases, subleases, conces5 sion contracts or other agreements for the use of such fa6 cilities on such terms and conditions as the Secretary may 

7 determine reasonable. 

8 OUTER CONTINENTAL SHELF INSPECTION FEES

9 SEC. 107. (a) In fiscal year 2019, the Secretary shall 

10 collect a nonrefundable inspection fee, which shall be de11 posited in the ‘‘Offshore Safety and Environmental En12 forcement’’ account, from the designated operator for fa13 cilities subject to inspection under 43 U.S.C. 1348(c). 

14 (b) Annual fees shall be collected for facilities that 

15 are above the waterline, excluding drilling rigs, and are 

16 in place at the start of the fiscal year. Fees for fiscal year 

17 2019 shall be: 

18 (1) $10,500 for facilities with no wells, but with 

19 processing equipment or gathering lines; 

20 (2) $17,000 for facilities with 1 to 10 wells, 

21 with any combination of active or inactive wells; and 

22 (3) $31,500 for facilities with more than 10 

23 wells, with any combination of active or inactive 

24 wells. 


pbinns on DSK79D2C42PROD with BILLS
59 

HR 21 PCS 

1 (c) Fees for drilling rigs shall be assessed for all in2 spections completed in fiscal year 2019. Fees for fiscal 

3 year 2019 shall be: 

4 (1) $30,500 per inspection for rigs operating in 

5 water depths of 500 feet or more; and 

6 (2) $16,700 per inspection for rigs operating in 

7 water depths of less than 500 feet. 

8 (d) The Secretary shall bill designated operators 

9 under subsection (b) within 60 days, with payment re10 quired within 30 days of billing. The Secretary shall bill 

11 designated operators under subsection (c) within 30 days 

12 of the end of the month in which the inspection occurred, 

13 with payment required within 30 days of billing. 

14 BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION

15 AND ENFORCEMENT REORGANIZATION

16 SEC. 108. The Secretary of the Interior, in order to 

17 implement a reorganization of the Bureau of Ocean En18 ergy Management, Regulation and Enforcement, may 

19 transfer funds among and between the successor offices 

20 and bureaus affected by the reorganization only in con21 formance with the reprogramming guidelines described in 

22 Senate report 115-276. 


pbinns on DSK79D2C42PROD with BILLS
60 

HR 21 PCS 

1 CONTRACTS AND AGREEMENTS FOR WILD HORSE AND

2 BURRO HOLDING FACILITIES

3 SEC. 109. Notwithstanding any other provision of 

4 this Act, the Secretary of the Interior may enter into 

5 multiyear cooperative agreements with nonprofit organiza6 tions and other appropriate entities, and may enter into 

7 multiyear contracts in accordance with the provisions of 

8 section 3903 of title 41, United States Code (except that 

9 the 5-year term restriction in subsection (a) shall not 

10 apply), for the long-term care and maintenance of excess 

11 wild free roaming horses and burros by such organizations 

12 or entities on private land. Such cooperative agreements 

13 and contracts may not exceed 10 years, subject to renewal 

14 at the discretion of the Secretary. 

15 MASS MARKING OF SALMONIDS

16 SEC. 110. The United States Fish and Wildlife Serv17 ice shall, in carrying out its responsibilities to protect 

18 threatened and endangered species of salmon, implement 

19 a system of mass marking of salmonid stocks, intended 

20 for harvest, that are released from federally operated or 

21 federally financed hatcheries including but not limited to 

22 fish releases of coho, chinook, and steelhead species. 

23 Marked fish must have a visible mark that can be readily 

24 identified by commercial and recreational fishers. 


pbinns on DSK79D2C42PROD with BILLS
61 

HR 21 PCS 

1 CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

2 SEC. 111. Notwithstanding any other provision of 

3 law, during fiscal year 2019, in carrying out work involv4 ing cooperation with State, local, and tribal governments 

5 or any political subdivision thereof, Indian Affairs may 

6 record obligations against accounts receivable from any 

7 such entities, except that total obligations at the end of 

8 the fiscal year shall not exceed total budgetary resources 

9 available at the end of the fiscal year. 

10 HUMANE TRANSFER OF EXCESS ANIMALS

11 SEC. 112. Notwithstanding any other provision of 

12 law, the Secretary of the Interior may transfer excess wild 

13 horses or burros that have been removed from the public 

14 lands to other Federal, State, and local government agen15 cies for use as work animals: Provided, That the Secretary 

16 may make any such transfer immediately upon request of 

17 such Federal, State, or local government agency: Provided 

18 further, That any excess animal transferred under this 

19 provision shall lose its status as a wild free-roaming horse 

20 or burro as defined in the Wild Free-Roaming Horses and 

21 Burros Act: Provided further, That any Federal, State, or 

22 local government agency receiving excess wild horses or 

23 burros as authorized in this section shall not: destroy the 

24 horses or burros in a way that results in their destruction 

25 into commercial products; sell or otherwise transfer the 


pbinns on DSK79D2C42PROD with BILLS
62 

HR 21 PCS 

1 horses or burros in a way that results in their destruction 

2 for processing into commercial products; or euthanize the 

3 horses or burros except upon the recommendation of a li4 censed veterinarian, in cases of severe injury, illness, or 

5 advanced age. 

6 DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES

7 PROGRAM

8 SEC. 113. (a) Notwithstanding any other provision 

9 of law relating to Federal grants and cooperative agree10 ments, the Secretary of the Interior is authorized to make 

11 grants to, or enter into cooperative agreements with, pri12 vate nonprofit organizations designated by the Secretary 

13 of Labor under title V of the Older Americans Act of 1965 

14 to utilize the talents of older Americans in programs au15 thorized by other provisions of law administered by the 

16 Secretary and consistent with such provisions of law. 

17 (b) Prior to awarding any grant or agreement under 

18 subsection (a), the Secretary shall ensure that the agree19 ment would not— 

20 (1) result in the displacement of individuals 

21 currently employed by the Department, including 

22 partial displacement through reduction of non-over23 time hours, wages, or employment benefits; 

24 (2) result in the use of an individual under the 

25 Department of the Interior Experienced Services 


pbinns on DSK79D2C42PROD with BILLS
63 

HR 21 PCS 

1 Program for a job or function in a case in which a 

2 Federal employee is in a layoff status from the same 

3 or substantially equivalent job within the Depart4 ment; or 

5 (3) affect existing contracts for services. 

6 PAYMENTS IN LIEU OF TAXES (PILT)

7 SEC. 114. Section 6906 of title 31, United States 

8 Code, is amended by striking ‘‘fiscal year 2018’’ and in9 serting ‘‘fiscal year 2019’’. 

10 SAGE-GROUSE

11 SEC. 115. None of the funds made available by this 

12 or any other Act may be used by the Secretary of the Inte13 rior to write or issue pursuant to section 4 of the Endan14 gered Species Act of 1973 (16 U.S.C. 1533)— 

15 (1) a proposed rule for greater sage-grouse 

16 (Centrocercus urophasianus); 

17 (2) a proposed rule for the Columbia basin dis18 tinct population segment of greater sage-grouse. 

19 TECHNICAL CORRECTION

20 SEC. 116. Division II of Public Law 104–333 (54 

21 U.S.C. 320101 note), as amended by section 116(b)(2) of 

22 Public Law 114–113, is amended in each of sections 208, 

23 310, and 607, by striking ‘‘2017’’ and inserting ‘‘2019’’. 


pbinns on DSK79D2C42PROD with BILLS
64 

HR 21 PCS 

1 DAMAGE TO DEPARTMENT OF THE INTERIOR FACILITIES

2 BY VOLCANIC ERUPTION

3 SEC. 117. (a) Not later than 60 days after the date 

4 of enactment of this Act, the Secretary of the Interior 

5 shall submit to Congress a report on each facility and re6 lated infrastructure of the Department of the Interior 

7 damaged by a volcanic eruption covered by a major dis8 aster declared by the President in calendar year 2018 in 

9 accordance with section 401 of the Robert T. Stafford Dis10 aster Relief and Emergency Assistance Act (42 U.S.C. 

11 5170) (referred to in this section as a ‘‘covered facility’’). 

12 (b) The report submitted under subsection (a) shall 

13 include— 

14 (1) an inventory of all covered facilities; 

15 (2) a description of— 

16 (A) any closures of covered facilities; and 

17 (B) the estimated impact on visitorship to 

18 covered facilities open to the public as a result 

19 of a volcanic eruption; and 

20 (3) a plan— 

21 (A) to restore or replace covered facilities; 

22 and 

23 (B) to restore visitorship levels to covered 

24 facilities open to the public to historic 

25 visitorship levels. 


pbinns on DSK79D2C42PROD with BILLS
65 

HR 21 PCS 

1 (c) In preparing the plan required under subsection 

2 (b)(3), the Secretary of the Interior shall— 

3 (1) engage the community in which the covered 

4 facility is located, including the State and units of 

5 local government; and 

6 (2) include the estimated costs of carrying out 

7 the activities described in the plan. 

8 SEC. 118. (a) There are appropriated under the head9 ing ‘‘Operation of Indian Programs’’ under the heading 

10 ‘‘Bureau of Indian Affairs and Bureau of Indian Edu11 cation’’, in addition to any other amounts made available 

12 under such heading and in order to provide additional 

13 funding for hiring staff for tribal detention facilities, in14 cluding addressing the needs of newly funded tribal deten15 tion facilities, $2,000,000, to remain available until Sep16 tember 30, 2020. 

17 (b) Notwithstanding any other provision of this Act, 

18 the total amount appropriated under the heading ‘‘Work19 ing Capital Fund’’ for the Department of the Interior is 

20 hereby reduced by $2,000,000. 


pbinns on DSK79D2C42PROD with BILLS
66 

HR 21 PCS 

1 TITLE II 

2 ENVIRONMENTAL PROTECTION AGENCY 

3 SCIENCE AND TECHNOLOGY

4 (INCLUDING RESCISSION OF FUNDS)

5 For science and technology, including research and 

6 development activities, which shall include research and 

7 development activities under the Comprehensive Environ8 mental Response, Compensation, and Liability Act of 

9 1980; necessary expenses for personnel and related costs 

10 and travel expenses; procurement of laboratory equipment 

11 and supplies; and other operating expenses in support of 

12 research and development, $717,723,000, to remain avail13 able until September 30, 2020: Provided, That of the 

14 funds included under this heading, $5,000,000 shall be for 

15 Research: National Priorities as specified in Senate report 

16 115-276: Provided further, That of unobligated balances 

17 from appropriations made available under this heading, 

18 $11,250,000 are permanently rescinded: Provided further, 

19 That no amounts may be rescinded pursuant to the pre20 ceding proviso from amounts made available in the first 

21 proviso for Research: National Priorities: Provided further, 

22 That of the amounts made available under this heading, 

23 not less than $5,000,000 shall be used to investigate 

24 health impacts from exposure to harmful algal blooms and 

25 cyanobacteria toxins, and to develop innovative methods 


pbinns on DSK79D2C42PROD with BILLS
67 

HR 21 PCS 

1 to monitor, characterize, and predict blooms for early ac2 tion. 

3 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

4 (INCLUDING RESCISSION OF FUNDS)

5 For environmental programs and management, in6 cluding necessary expenses, not otherwise provided for, for 

7 personnel and related costs and travel expenses; hire of 

8 passenger motor vehicles; hire, maintenance, and oper9 ation of aircraft; purchase of reprints; library member10 ships in societies or associations which issue publications 

11 to members only or at a price to members lower than to 

12 subscribers who are not members; administrative costs of 

13 the brownfields program under the Small Business Liabil14 ity Relief and Brownfields Revitalization Act of 2002; im15 plementation of a coal combustion residual permit pro16 gram under section 2301 of the Water and Waste Act of 

17 2016; and not to exceed $9,000 for official reception and 

18 representation expenses, $2,659,675,000, to remain avail19 able until September 30, 2020: Provided, That of the 

20 funds included under this heading, $15,000,000 shall be 

21 for Environmental Protection: National Priorities as speci22 fied in Senate report 115-276: Provided further, That of 

23 the funds included under this heading, $454,958,000 shall 

24 be for Geographic Programs specified in the tables in the 

25 explanatory statement described in section 3 (in the matVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
68 

HR 21 PCS 

1 ter preceding division A of this consolidated Act): Provided 

2 further, That of the unobligated balances from appropria3 tions made available under this heading, $61,676,000 are 

4 permanently rescinded: Provided further, That no amounts 

5 may be rescinded pursuant to the preceding proviso from 

6 amounts made available in the first proviso for Environ7 mental Protection: National Priorities, from amounts 

8 made available in the second proviso for Geographic Pro9 grams, or from the National Estuary Program (33 U.S.C. 

10 1330). 

11 In addition, $5,000,000 to remain available until ex12 pended, for necessary expenses of activities described in 

13 section 26(b)(1) of the Toxic Substances Control Act (15 

14 U.S.C. 2625(b)(1)): Provided, That fees collected pursu15 ant to that section of that Act and deposited in the ‘‘TSCA 

16 Service Fee Fund’’ as discretionary offsetting receipts in 

17 fiscal year 2019 shall be retained and used for necessary 

18 salaries and expenses in this appropriation and shall re19 main available until expended: Provided further, That the 

20 sum herein appropriated in this paragraph from the gen21 eral fund for fiscal year 2019 shall be reduced by the 

22 amount of discretionary offsetting receipts received during 

23 fiscal year 2019, so as to result in a final fiscal year 2019 

24 appropriation from the general fund estimated at not more 

25 than $0: Provided further, That to the extent that amounts 


pbinns on DSK79D2C42PROD with BILLS
69 

HR 21 PCS 

1 realized from such receipts exceed $5,000,000, those 

2 amount in excess of $5,000,000 shall be deposited in the 

3 ‘‘TSCA Service Fee Fund’’ as discretionary offsetting re4 ceipts in fiscal year 2019, shall be retained and used for 

5 necessary salaries and expenses in this account, and shall 

6 remain available until expended: Provided further, That of 

7 the funds included in the first paragraph under this head8 ing, the Chemical Risk Review and Reduction program 

9 project shall be allocated for this fiscal year, excluding the 

10 amount of any fees appropriated, not less than the amount 

11 of appropriations for that program project for fiscal year 

12 2014. 

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector 

15 General in carrying out the provisions of the Inspector 

16 General Act of 1978, $41,489,000, to remain available 

17 until September 30, 2020. 

18 BUILDINGS AND FACILITIES

19 For construction, repair, improvement, extension, al20 teration, and purchase of fixed equipment or facilities of, 

21 or for use by, the Environmental Protection Agency, 

22 $34,467,000, to remain available until expended. 


pbinns on DSK79D2C42PROD with BILLS
70 

HR 21 PCS 

1 HAZARDOUS SUBSTANCE SUPERFUND

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses to carry out the Comprehen4 sive Environmental Response, Compensation, and Liabil5 ity Act of 1980 (CERCLA), including sections 111(c)(3), 

6 (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) 

7 $1,091,947,000, to remain available until expended, con8 sisting of such sums as are available in the Trust Fund 

9 on September 30, 2018, as authorized by section 517(a) 

10 of the Superfund Amendments and Reauthorization Act 

11 of 1986 (SARA) and up to $1,091,947,000 as a payment 

12 from general revenues to the Hazardous Substance Super13 fund for purposes as authorized by section 517(b) of 

14 SARA: Provided, That funds appropriated under this 

15 heading may be allocated to other Federal agencies in ac16 cordance with section 111(a) of CERCLA: Provided fur17 ther, That of the funds appropriated under this heading, 

18 $8,718,000 shall be paid to the ‘‘Office of Inspector Gen19 eral’’ appropriation to remain available until September 

20 30, 2020, and $17,398,000 shall be paid to the ‘‘Science 

21 and Technology’’ appropriation to remain available until 

22 September 30, 2020. 


pbinns on DSK79D2C42PROD with BILLS
71 

HR 21 PCS 

1 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

2 PROGRAM

3 For necessary expenses to carry out leaking under4 ground storage tank cleanup activities authorized by sub5 title I of the Solid Waste Disposal Act, $91,941,000, to 

6 remain available until expended, of which $66,572,000 

7 shall be for carrying out leaking underground storage tank 

8 cleanup activities authorized by section 9003(h) of the 

9 Solid Waste Disposal Act; $25,369,000 shall be for car10 rying out the other provisions of the Solid Waste Disposal 

11 Act specified in section 9508(c) of the Internal Revenue 

12 Code: Provided, That the Administrator is authorized to 

13 use appropriations made available under this heading to 

14 implement section 9013 of the Solid Waste Disposal Act 

15 to provide financial assistance to federally recognized In16 dian tribes for the development and implementation of 

17 programs to manage underground storage tanks. 

18 INLAND OIL SPILL PROGRAMS

19 For expenses necessary to carry out the Environ20 mental Protection Agency’s responsibilities under the Oil 

21 Pollution Act of 1990, $18,209,000, to be derived from 

22 the Oil Spill Liability trust fund, to remain available until 

23 expended. 


pbinns on DSK79D2C42PROD with BILLS
72 

HR 21 PCS 

1 STATE AND TRIBAL ASSISTANCE GRANTS

2 For environmental programs and infrastructure as3 sistance, including capitalization grants for State revolv4 ing funds and performance partnership grants, 

5 $3,575,041,000, to remain available until expended, of 

6 which— 

7 (1) $1,394,000,000 shall be for making capital8 ization grants for the Clean Water State Revolving 

9 Funds under title VI of the Federal Water Pollution 

10 Control Act; and of which $864,000,000 shall be for 

11 making capitalization grants for the Drinking Water 

12 State Revolving Funds under section 1452 of the 

13 Safe Drinking Water Act: Provided, That for fiscal 

14 year 2019, to the extent there are sufficient eligible 

15 project applications and projects are consistent with 

16 State Intended Use Plans, not less than 10 percent 

17 of the funds made available under this title to each 

18 State for Clean Water State Revolving Fund capital19 ization grants shall be used by the State for projects 

20 to address green infrastructure, water or energy effi21 ciency improvements, or other environmentally inno22 vative activities: Provided further, That for fiscal 

23 year 2019, funds made available under this title to 

24 each State for Drinking Water State Revolving 

25 Fund capitalization grants may, at the discretion of 


pbinns on DSK79D2C42PROD with BILLS
73 

HR 21 PCS 

1 each State, be used for projects to address green in2 frastructure, water or energy efficiency improve3 ments, or other environmentally innovative activities: 

4 Provided further, That notwithstanding section 

5 603(d)(7) of the Federal Water Pollution Control 

6 Act, the limitation on the amounts in a State water 

7 pollution control revolving fund that may be used by 

8 a State to administer the fund shall not apply to 

9 amounts included as principal in loans made by such 

10 fund in fiscal year 2019 and prior years where such 

11 amounts represent costs of administering the fund 

12 to the extent that such amounts are or were deemed 

13 reasonable by the Administrator, accounted for sepa14 rately from other assets in the fund, and used for 

15 eligible purposes of the fund, including administra16 tion: Provided further, That for fiscal year 2019, 

17 notwithstanding the provisions of subsections (g)(1), 

18 (h), and (l) of section 201 of the Federal Water Pol19 lution Control Act, grants made under title II of 

20 such Act for American Samoa, Guam, the common21 wealth of the Northern Marianas, the United States 

22 Virgin Islands, and the District of Columbia may 

23 also be made for the purpose of providing assistance: 

24 (1) solely for facility plans, design activities, or 

25 plans, specifications, and estimates for any proposed 


pbinns on DSK79D2C42PROD with BILLS
74 

HR 21 PCS 

1 project for the construction of treatment works; and 

2 (2) for the construction, repair, or replacement of 

3 privately owned treatment works serving one or 

4 more principal residences or small commercial estab5 lishments: Provided further, That for fiscal year 

6 2019, notwithstanding the provisions of such sub7 sections (g)(1), (h), and (l) of section 201 and sec8 tion 518(c) of the Federal Water Pollution Control 

9 Act, funds reserved by the Administrator for grants 

10 under section 518(c) of the Federal Water Pollution 

11 Control Act may also be used to provide assistance: 

12 (1) solely for facility plans, design activities, or 

13 plans, specifications, and estimates for any proposed 

14 project for the construction of treatment works; and 

15 (2) for the construction, repair, or replacement of 

16 privately owned treatment works serving one or 

17 more principal residences or small commercial estab18 lishments: Provided further, That for fiscal year 

19 2019, notwithstanding any provision of the Federal 

20 Water Pollution Control Act and regulations issued 

21 pursuant thereof, up to a total of $2,000,000 of the 

22 funds reserved by the Administrator for grants 

23 under section 518(c) of such Act may also be used 

24 for grants for training, technical assistance, and 

25 educational programs relating to the operation and 


pbinns on DSK79D2C42PROD with BILLS
75 

HR 21 PCS 

1 management of the treatment works specified in sec2 tion 518(c) of such Act: Provided further, That for 

3 fiscal year 2019, funds reserved under section 

4 518(c) of such Act shall be available for grants only 

5 to Indian tribes, as defined in section 518(h) of such 

6 Act and former Indian reservations in Oklahoma (as 

7 determined by the Secretary of the Interior) and Na8 tive Villages as defined in Public Law 92–203: Pro9 vided further, That for fiscal year 2019, notwith10 standing the limitation on amounts in section 518(c) 

11 of the Federal Water Pollution Control Act, up to a 

12 total of 2 percent of the funds appropriated, or 

13 $30,000,000, whichever is greater, and notwith14 standing the limitation on amounts in section 

15 1452(i) of the Safe Drinking Water Act, up to a 

16 total of 2 percent of the funds appropriated, or 

17 $20,000,000, whichever is greater, for State Revolv18 ing Funds under such Acts may be reserved by the 

19 Administrator for grants under section 518(c) and 

20 section 1452(i) of such Acts: Provided further, That 

21 for fiscal year 2019, notwithstanding the amounts 

22 specified in section 205(c) of the Federal Water Pol23 lution Control Act, up to 1.5 percent of the aggre24 gate funds appropriated for the Clean Water State 

25 Revolving Fund program under the Act less any 


pbinns on DSK79D2C42PROD with BILLS
76 

HR 21 PCS 

1 sums reserved under section 518(c) of the Act, may 

2 be reserved by the Administrator for grants made 

3 under title II of the Federal Water Pollution Control 

4 Act for American Samoa, Guam, the Commonwealth 

5 of the Northern Marianas, and United States Virgin 

6 Islands: Provided further, That for fiscal year 2019, 

7 notwithstanding the limitations on amounts specified 

8 in section 1452(j) of the Safe Drinking Water Act, 

9 up to 1.5 percent of the funds appropriated for the 

10 Drinking Water State Revolving Fund programs 

11 under the Safe Drinking Water Act may be reserved 

12 by the Administrator for grants made under section 

13 1452(j) of the Safe Drinking Water Act: Provided 

14 further, That 10 percent of the funds made available 

15 under this title to each State for Clean Water State 

16 Revolving Fund capitalization grants and 20 percent 

17 of the funds made available under this title to each 

18 State for Drinking Water State Revolving Fund cap19 italization grants shall be used by the State to pro20 vide additional subsidy to eligible recipients in the 

21 form of forgiveness of principal, negative interest 

22 loans, or grants (or any combination of these), and 

23 shall be so used by the State only where such funds 

24 are provided as initial financing for an eligible re25 cipient or to buy, refinance, or restructure the debt 


pbinns on DSK79D2C42PROD with BILLS
77 

HR 21 PCS 

1 obligations of eligible recipients only where such debt 

2 was incurred on or after the date of enactment of 

3 this Act, or where such debt was incurred prior to 

4 the date of enactment of this Act if the State, with 

5 concurrence from the Administrator, determines that 

6 such funds could be used to help address a threat 

7 to public health from heightened exposure to lead in 

8 drinking water or if a Federal or State emergency 

9 declaration has been issued due to a threat to public 

10 health from heightened exposure to lead in a munic11 ipal drinking water supply before the date of enact12 ment of this Act: Provided further, That in a State 

13 in which such an emergency declaration has been 

14 issued, the State may use more than 20 percent of 

15 the funds made available under this title to the 

16 State for Drinking Water State Revolving Fund cap17 italization grants to provide additional subsidy to eli18 gible recipients; 

19 (2) $15,000,000 shall be for architectural, engi20 neering, planning, design, construction and related 

21 activities in connection with the construction of high 

22 priority water and wastewater facilities in the area 

23 of the United States-Mexico Border, after consulta24 tion with the appropriate border commission: Pro25 vided, That no funds provided by this appropriations 


pbinns on DSK79D2C42PROD with BILLS
78 

HR 21 PCS 

1 Act to address the water, wastewater and other crit2 ical infrastructure needs of the colonias in the 

3 United States along the United States-Mexico bor4 der shall be made available to a county or municipal 

5 government unless that government has established 

6 an enforceable local ordinance, or other zoning rule, 

7 which prevents in that jurisdiction the development 

8 or construction of any additional colonia areas, or 

9 the development within an existing colonia the con10 struction of any new home, business, or other struc11 ture which lacks water, wastewater, or other nec12 essary infrastructure; 

13 (3) $25,000,000 shall be for grants to the State 

14 of Alaska to address drinking water and wastewater 

15 infrastructure needs of rural and Alaska Native Vil16 lages: Provided, That of these funds: (A) the State 

17 of Alaska shall provide a match of 25 percent; (B) 

18 no more than 5 percent of the funds may be used 

19 for administrative and overhead expenses; and (C) 

20 the State of Alaska shall make awards consistent 

21 with the Statewide priority list established in con22 junction with the Agency and the U.S. Department 

23 of Agriculture for all water, sewer, waste disposal, 

24 and similar projects carried out by the State of Alas25 ka that are funded under section 221 of the Federal 


pbinns on DSK79D2C42PROD with BILLS
79 

HR 21 PCS 

1 Water Pollution Control Act (33 U.S.C. 1301) or 

2 the Consolidated Farm and Rural Development Act 

3 (7 U.S.C. 1921 et seq.) which shall allocate not less 

4 than 25 percent of the funds provided for projects 

5 in regional hub communities; 

6 (4) $80,000,000 shall be to carry out section 

7 104(k) of the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of 1980 

9 (CERCLA), including grants, interagency agree10 ments, and associated program support costs: Pro11 vided, That not more than 25 percent of the amount 

12 appropriated to carry out section 104(k) of 

13 CERCLA shall be used for site characterization, as14 sessment, and remediation of facilities described in 

15 section 101(39)(D)(ii)(II) of CERCLA: Provided 

16 further, That at least 10 percent shall be allocated 

17 for assistance in persistent poverty counties: Pro18 vided further, That for purposes of this section, the 

19 term ‘‘persistent poverty counties’’ means any coun20 ty that has had 20 percent or more of its population 

21 living in poverty over the past 30 years, as measured 

22 by the 1990 and 2000 decennial censuses and the 

23 most recent Small Area Income and Poverty Esti24 mates; 


pbinns on DSK79D2C42PROD with BILLS
80 

HR 21 PCS 

1 (5) $50,000,000 shall be for grants under title 

2 VII, subtitle G of the Energy Policy Act of 2005; 

3 (6) $50,000,000 shall be for targeted airshed 

4 grants in accordance with the terms and conditions 

5 in Senate report 115-276; 

6 (7) $4,000,000 shall be to carry out the water 

7 quality program authorized in section 5004(d) of the 

8 Water Infrastructure Improvements for the Nation 

9 Act (Public Law 114–322); and 

10 (8) $1,093,041,000 shall be for grants, includ11 ing associated program support costs, to States, fed12 erally recognized tribes, interstate agencies, tribal 

13 consortia, and air pollution control agencies for 

14 multi-media or single media pollution prevention, 

15 control and abatement and related activities, includ16 ing activities pursuant to the provisions set forth 

17 under this heading in Public Law 104–134, and for 

18 making grants under section 103 of the Clean Air 

19 Act for particulate matter monitoring and data col20 lection activities subject to terms and conditions 

21 specified by the Administrator, of which: 

22 $47,745,000 shall be for carrying out section 128 of 

23 CERCLA; $9,646,000 shall be for Environmental 

24 Information Exchange Network grants, including as25 sociated program support costs; $1,498,000 shall be 


pbinns on DSK79D2C42PROD with BILLS
81 

HR 21 PCS 

1 for grants to States under section 2007(f)(2) of the 

2 Solid Waste Disposal Act, which shall be in addition 

3 to funds appropriated under the heading ‘‘Leaking 

4 Underground Storage Tank Trust Fund Program’’ 

5 to carry out the provisions of the Solid Waste Dis6 posal Act specified in section 9508(c) of the Internal 

7 Revenue Code other than section 9003(h) of the 

8 Solid Waste Disposal Act; $17,848,000 of the funds 

9 available for grants under section 106 of the Federal 

10 Water Pollution Control Act shall be for State par11 ticipation in national- and State-level statistical sur12 veys of water resources and enhancements to State 

13 monitoring programs; $27,000,000 shall be for mul14 tipurpose grants, including interagency agreements. 

15 WATER INFRASTRUCTURE FINANCE AND INNOVATION

16 PROGRAM ACCOUNT

17 For the cost of direct loans and for the cost of guar18 anteed loans, as authorized by the Water Infrastructure 

19 Finance and Innovation Act of 2014, $5,000,000, to re20 main available until expended: Provided, That such costs, 

21 including the cost of modifying such loans, shall be as de22 fined in section 502 of the Congressional Budget Act of 

23 1974: Provided further, That these funds are available to 

24 subsidize gross obligations for the principal amount of di25 rect loans, including capitalized interest, and total loan 


pbinns on DSK79D2C42PROD with BILLS
82 

HR 21 PCS 

1 principal, including capitalized interest, any part of which 

2 is to be guaranteed, not to exceed $610,000,000. 

3 In addition, fees authorized to be collected pursuant 

4 to sections 5029 and 5030 of the Water Infrastructure 

5 Finance and Innovation Act of 2014 shall be deposited 

6 in this account, to remain available until expended. 

7 In addition, for administrative expenses to carry out 

8 the direct and guaranteed loan programs, notwithstanding 

9 section 5033 of the Water Infrastructure Finance and In10 novation Act of 2014, $5,000,000, to remain available 

11 until September 30, 2020. 

12 ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL

13 PROTECTION AGENCY

14 (INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

15 For fiscal year 2019, notwithstanding 31 U.S.C. 

16 6303(1) and 6305(1), the Administrator of the Environ17 mental Protection Agency, in carrying out the Agency’s 

18 function to implement directly Federal environmental pro19 grams required or authorized by law in the absence of an 

20 acceptable tribal program, may award cooperative agree21 ments to federally recognized Indian tribes or Intertribal 

22 consortia, if authorized by their member tribes, to assist 

23 the Administrator in implementing Federal environmental 

24 programs for Indian tribes required or authorized by law, 

25 except that no such cooperative agreements may be awardVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
83 

HR 21 PCS 

1 ed from funds designated for State financial assistance 

2 agreements. 

3 The Administrator of the Environmental Protection 

4 Agency is authorized to collect and obligate pesticide reg5 istration service fees in accordance with section 33 of the 

6 Federal Insecticide, Fungicide, and Rodenticide Act, as 

7 amended by Public Law 112–177, the Pesticide Registra8 tion Improvement Extension Act of 2012. 

9 Notwithstanding section 33(d)(2) of the Federal In10 secticide, Fungicide, and Rodenticide Act (FIFRA) (7 

11 U.S.C. 136w–8(d)(2)), the Administrator of the Environ12 mental Protection Agency may assess fees under section 

13 33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 2019. 

14 The Administrator is authorized to transfer up to 

15 $300,000,000 of the funds appropriated for the Great 

16 Lakes Restoration Initiative under the heading ‘‘Environ17 mental Programs and Management’’ to the head of any 

18 Federal department or agency, with the concurrence of 

19 such head, to carry out activities that would support the 

20 Great Lakes Restoration Initiative and Great Lakes 

21 Water Quality Agreement programs, projects, or activities; 

22 to enter into an interagency agreement with the head of 

23 such Federal department or agency to carry out these ac24 tivities; and to make grants to governmental entities, non25 profit organizations, institutions, and individuals for planVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
84 

HR 21 PCS 

1 ning, research, monitoring, outreach, and implementation 

2 in furtherance of the Great Lakes Restoration Initiative 

3 and the Great Lakes Water Quality Agreement. 

4 The Science and Technology, Environmental Pro5 grams and Management, Office of Inspector General, Haz6 ardous Substance Superfund, and Leaking Underground 

7 Storage Tank Trust Fund Program Accounts, are avail8 able for the construction, alteration, repair, rehabilitation, 

9 and renovation of facilities, provided that the cost does 

10 not exceed $150,000 per project. 

11 For fiscal year 2019, and notwithstanding section 

12 518(f) of the Federal Water Pollution Control Act (33 

13 U.S.C. 1377(f)), the Administrator is authorized to use 

14 the amounts appropriated for any fiscal year under section 

15 319 of the Act to make grants to Indian tribes pursuant 

16 to sections 319(h) and 518(e) of that Act. 

17 The Administrator is authorized to use the amounts 

18 appropriated under the heading ‘‘Environmental Pro19 grams and Management’’ for fiscal year 2019 to provide 

20 grants to implement the Southeastern New England Wa21 tershed Restoration Program. 

22 The Administrator of the Environmental Protection 

23 Agency is authorized to collect and obligate fees in accord24 ance with section 3024 of the Solid Waste Disposal Act 

25 (42 U.S.C. 6939g) for fiscal year 2019. 


pbinns on DSK79D2C42PROD with BILLS
85 

HR 21 PCS 

1 Of the unobligated balances available for the ‘‘State 

2 and Tribal Assistance Grants’’ account, $109,078,000 are 

3 hereby permanently rescinded: Provided, That no amounts 

4 may be rescinded from amounts that were designated by 

5 the Congress as an emergency requirement pursuant to 

6 the Concurrent Resolution on the Budget or the Balanced 

7 Budget and Emergency Deficit Control Act of 1985 or 

8 from amounts that were made available by subsection (a) 

9 of section 196 of the Continuing Appropriations Act, 2017 

10 (division C of Public Law 114–223), as amended by the 

11 Further Continuing and Security Assistance Appropria12 tions Act, 2017 (Public Law 114–254). 

13 Using funds appropriated under this title, the Admin14 istrator of the Environmental Protection Agency shall im15 plement the recommendations described in the report of 

16 the Office of Inspector General of the Environmental Pro17 tection Agency entitled ‘‘Management Weakness Delayed 

18 Response to Flint Water Crisis’’, numbered 18–P–0221, 

19 and dated July 19, 2018, to ensure clean and safe water 

20 compliance under the Safe Drinking Water Act (42 U.S.C. 

21 300f et seq.). If the Administrator of the Environmental 

22 Protection Agency does not implement 1 or more rec23 ommendations required by the preceding sentence, the Ad24 ministrator shall submit to the Committees on Appropria25 tions and Environment and Public Works of the Senate 


pbinns on DSK79D2C42PROD with BILLS
86 

HR 21 PCS 

1 and the Committees on Appropriations and Energy and 

2 Commerce of the House of Representatives a report ex3 plaining why the Administrator did not implement the rec4 ommendation and identifying specific actions the Adminis5 trator is implementing to address the concerns raised in 

6 the report. 

7 TITLE III 

8 RELATED AGENCIES 

9 DEPARTMENT OF AGRICULTURE 

10 OFFICE OF THE UNDER SECRETARY FOR NATURAL

11 RESOURCES AND ENVIRONMENT

12 For necessary expenses of the Office of the Under 

13 Secretary for Natural Resources and Environment, 

14 $875,000: Provided, That funds made available by this 

15 Act to any agency in the Natural Resources and Environ16 ment mission area for salaries and expenses are available 

17 to fund up to one administrative support staff for the of18 fice. 

19 FOREST SERVICE

20 FOREST AND RANGELAND RESEARCH

21 For necessary expenses of forest and rangeland re22 search as authorized by law, $300,000,000, to remain 

23 available through September 30, 2022, of which not less 

24 than $500,000 shall be made available for wood utilization 

25 research to develop woody and agricultural biomass conVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
87 

HR 21 PCS 

1 version of low-value woody biomass using microwave-as2 sisted liquefaction: Provided, That of the funds provided, 

3 $77,000,000 is for the forest inventory and analysis pro4 gram: Provided further, That all authorities for the use 

5 of funds, including the use of contracts, grants, and coop6 erative agreements, available to execute the Forest and 

7 Rangeland Research appropriation, are also available in 

8 the utilization of these funds for Fire Science Research. 

9 STATE AND PRIVATE FORESTRY

10 For necessary expenses of cooperating with and pro11 viding technical and financial assistance to States, terri12 tories, possessions, and others, and for forest health man13 agement, and conducting an international program as au14 thorized, $333,990,000, to remain available through Sep15 tember 30, 2022, as authorized by law; of which 

16 $65,490,000 is to be derived from the Land and Water 

17 Conservation Fund to be used for the Forest Legacy Pro18 gram, to remain available until expended. 

19 NATIONAL FOREST SYSTEM

20 For necessary expenses of the Forest Service, not 

21 otherwise provided for, for management, protection, im22 provement, and utilization of the National Forest System, 

23 and for hazardous fuels management on or adjacent to 

24 such lands, $1,937,653,000, to remain available through 

25 September 30, 2022: Provided, That of the funds proVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
88 

HR 21 PCS 

1 vided, $40,000,000 shall be deposited in the Collaborative 

2 Forest Landscape Restoration Fund for ecological restora3 tion treatments as authorized by 16 U.S.C. 7303(f): Pro4 vided further, That of the funds provided, $368,000,000 

5 shall be for forest products: Provided further, That of the 

6 funds provided, $435,000,000 shall be for hazardous fuels 

7 management activities, of which not to exceed 

8 $15,000,000 may be used to make grants, using any au9 thorities available to the Forest Service under the ‘‘State 

10 and Private Forestry’’ appropriation, for the purpose of 

11 creating incentives for increased use of biomass from Na12 tional Forest System lands: Provided further, That 

13 $20,000,000 may be used by the Secretary of Agriculture 

14 to enter into procurement contracts or cooperative agree15 ments or to issue grants for hazardous fuels management 

16 activities, and for training or monitoring associated with 

17 such hazardous fuels management activities on Federal 

18 land, or on non-Federal land if the Secretary determines 

19 such activities benefit resources on Federal land: Provided 

20 further, That funds made available to implement the Com21 munity Forestry Restoration Act, Public Law 106–393, 

22 title VI, shall be available for use on non-Federal lands 

23 in accordance with authorities made available to the For24 est Service under the ‘‘State and Private Forestry’’ appro25 priations: Provided further, That notwithstanding section 


pbinns on DSK79D2C42PROD with BILLS
89 

HR 21 PCS 

1 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 

2 1012), the Secretary of Agriculture, in calculating a fee 

3 for grazing on a National Grassland, may provide a credit 

4 of up to 50 percent of the calculated fee to a Grazing As5 sociation or direct permittee for a conservation practice 

6 approved by the Secretary in advance of the fiscal year 

7 in which the cost of the conservation practice is incurred. 

8 And, that the amount credited shall remain available to 

9 the Grazing Association or the direct permittee, as appro10 priate, in the fiscal year in which the credit is made and 

11 each fiscal year thereafter for use on the project for con12 servation practices approved by the Secretary. 

13 CAPITAL IMPROVEMENT AND MAINTENANCE

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses of the Forest Service, not 

16 otherwise provided for, $449,000,000, to remain available 

17 through September 30, 2022, for construction, capital im18 provement, maintenance and acquisition of buildings and 

19 other facilities and infrastructure; and for construction, 

20 reconstruction, decommissioning of roads that are no 

21 longer needed, including unauthorized roads that are not 

22 part of the transportation system, and maintenance of for23 est roads and trails by the Forest Service as authorized 

24 by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Pro25 vided, That funds becoming available in fiscal year 2019 


pbinns on DSK79D2C42PROD with BILLS
90 

HR 21 PCS 

1 under the Act of March 4, 1913 (16 U.S.C. 501) shall 

2 be transferred to the General Fund of the Treasury and 

3 shall not be available for transfer or obligation for any 

4 other purpose unless the funds are appropriated. 

5 LAND ACQUISITION

6 (INCLUDING RESCISSION OF FUNDS)

7 For expenses necessary to carry out the provisions 

8 of chapter 2003 of title 54, United States Code, including 

9 administrative expenses, and for acquisition of land or 

10 waters, or interest therein, in accordance with statutory 

11 authority applicable to the Forest Service, $74,099,000, 

12 to be derived from the Land and Water Conservation 

13 Fund and to remain available until expended. 

14 Of the unobligated balances from amounts made 

15 available for Land Acquisition and derived from the Land 

16 and Water Conservation Fund, $16,028,000 is hereby per17 manently rescinded from projects with cost savings or 

18 failed or partially failed projects that had funds returned: 

19 Provided, That no amounts may be rescinded from 

20 amounts that were designated by the Congress as an 

21 emergency requirement pursuant to the Concurrent Reso22 lution on the Budget or the Balanced Budget and Emer23 gency Deficit Control Act of 1985. 


pbinns on DSK79D2C42PROD with BILLS
91 

HR 21 PCS 

1 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

2 ACTS

3 For acquisition of lands within the exterior bound4 aries of the Cache, Uinta, and Wasatch National Forests, 

5 Utah; the Toiyabe National Forest, Nevada; and the An6 geles, San Bernardino, Sequoia, and Cleveland National 

7 Forests, California; and the Ozark-St. Francis and 

8 Ouachita National Forests, Arkansas; as authorized by 

9 law, $700,000, to be derived from forest receipts. 

10 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

11 For acquisition of lands, such sums, to be derived 

12 from funds deposited by State, county, or municipal gov13 ernments, public school districts, or other public school au14 thorities, and for authorized expenditures from funds de15 posited by non-Federal parties pursuant to Land Sale and 

16 Exchange Acts, pursuant to the Act of December 4, 1967 

17 (16 U.S.C. 484a), to remain available through September 

18 30, 2021, (16 U.S.C. 516–617a, 555a; Public Law 96– 

19 586; Public Law 76–589, 76–591; and Public Law 78– 

20 310). 

21 RANGE BETTERMENT FUND

22 For necessary expenses of range rehabilitation, pro23 tection, and improvement, 50 percent of all moneys re24 ceived during the prior fiscal year, as fees for grazing do25 mestic livestock on lands in National Forests in the 16 


pbinns on DSK79D2C42PROD with BILLS
92 

HR 21 PCS 

1 Western States, pursuant to section 401(b)(1) of Public 

2 Law 94–579, to remain available through September 30, 

3 2022, of which not to exceed 6 percent shall be available 

4 for administrative expenses associated with on-the-ground 

5 range rehabilitation, protection, and improvements. 

6 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

7 RANGELAND RESEARCH

8 For expenses authorized by 16 U.S.C. 1643(b), 

9 $45,000, to remain available through September 30, 2022, 

10 to be derived from the fund established pursuant to the 

11 above Act. 

12 MANAGEMENT OF NATIONAL FOREST LANDS FOR

13 SUBSISTENCE USES

14 For necessary expenses of the Forest Service to man15 age Federal lands in Alaska for subsistence uses under 

16 title VIII of the Alaska National Interest Lands Conserva17 tion Act (16 U.S.C. 3111 et seq.), $2,500,000, to remain 

18 available through September 30, 2022. 

19 WILDLAND FIRE MANAGEMENT

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses for forest fire presuppression 

22 activities on National Forest System lands, for emergency 

23 wildland fire suppression on or adjacent to such lands or 

24 other lands under fire protection agreement, and for emer25 gency rehabilitation of burned-over National Forest SysVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
93 

HR 21 PCS 

1 tem lands and water, $3,229,620,000, to remain available 

2 through September 30, 2022: Provided, That such funds 

3 including unobligated balances under this heading, are 

4 available for repayment of advances from other appropria5 tions accounts previously transferred for such purposes: 

6 Provided further, That any unobligated funds appropriated 

7 in a previous fiscal year for hazardous fuels management 

8 may be transferred to the ‘‘National Forest System’’ ac9 count: Provided further, That such funds shall be available 

10 to reimburse State and other cooperating entities for serv11 ices provided in response to wildfire and other emergencies 

12 or disasters to the extent such reimbursements by the For13 est Service for non-fire emergencies are fully repaid by the 

14 responsible emergency management agency: Provided fur15 ther, That funds provided shall be available for support 

16 to Federal emergency response: Provided further, That the 

17 costs of implementing any cooperative agreement between 

18 the Federal Government and any non-Federal entity may 

19 be shared, as mutually agreed on by the affected parties: 

20 Provided further, That funds designated for wildfire sup21 pression, shall be assessed for cost pools on the same basis 

22 as such assessments are calculated against other agency 

23 programs. 


pbinns on DSK79D2C42PROD with BILLS
94 

HR 21 PCS 

1 ADMINISTRATIVE PROVISIONS—FOREST SERVICE

2 (INCLUDING TRANSFERS OF FUNDS)

3 Appropriations to the Forest Service for the current 

4 fiscal year shall be available for: (1) purchase of passenger 

5 motor vehicles; acquisition of passenger motor vehicles 

6 from excess sources, and hire of such vehicles; purchase, 

7 lease, operation, maintenance, and acquisition of aircraft 

8 to maintain the operable fleet for use in Forest Service 

9 wildland fire programs and other Forest Service programs; 

10 notwithstanding other provisions of law, existing aircraft 

11 being replaced may be sold, with proceeds derived or 

12 trade-in value used to offset the purchase price for the 

13 replacement aircraft; (2) services pursuant to 7 U.S.C. 

14 2225, and not to exceed $100,000 for employment under 

15 5 U.S.C. 3109; (3) purchase, erection, and alteration of 

16 buildings and other public improvements (7 U.S.C. 2250); 

17 (4) acquisition of land, waters, and interests therein pur18 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 

19 Volunteers in the National Forest Act of 1972 (16 U.S.C. 

20 558a, 558d, and 558a note); (6) the cost of uniforms as 

21 authorized by 5 U.S.C. 5901–5902; and (7) for debt col22 lection contracts in accordance with 31 U.S.C. 3718(c). 

23 Any appropriations or funds available to the Forest 

24 Service may be transferred to the Wildland Fire Manage25 ment appropriation for forest firefighting, emergency reVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
95 

HR 21 PCS 

1 habilitation of burned-over or damaged lands or waters 

2 under its jurisdiction, and fire preparedness due to severe 

3 burning conditions upon the Secretary’s notification of the 

4 House and Senate Committees on Appropriations that all 

5 fire suppression funds appropriated under the heading 

6 ‘‘Wildland Fire Management’’ will be obligated within 30 

7 days: Provided, That all funds used pursuant to this para8 graph must be replenished by a supplemental appropria9 tion which must be requested as promptly as possible. 

10 Not more than $50,000,000 of funds appropriated to 

11 the Forest Service shall be available for expenditure or 

12 transfer to the Department of the Interior for wildland 

13 fire management, hazardous fuels management, and State 

14 fire assistance when such transfers would facilitate and 

15 expedite wildland fire management programs and projects. 

16 Notwithstanding any other provision of this Act, the 

17 Forest Service may transfer unobligated balances of dis18 cretionary funds appropriated to the Forest Service by 

19 this Act to or within the National Forest System Account, 

20 or reprogram funds to be used for the purposes of haz21 ardous fuels management and urgent rehabilitation of 

22 burned-over National Forest System lands and water, 

23 such transferred funds shall remain available through Sep24 tember 30, 2022: Provided, That none of the funds trans25 ferred pursuant to this section shall be available for obliVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
96 

HR 21 PCS 

1 gation without written notification to and the prior ap2 proval of the Committees on Appropriations of both 

3 Houses of Congress: Provided further, That this section 

4 does not apply to funds appropriated to the FLAME Wild5 fire Suppression Reserve Fund or funds derived from the 

6 Land and Water Conservation Fund. 

7 Funds appropriated to the Forest Service shall be 

8 available for assistance to or through the Agency for Inter9 national Development in connection with forest and range10 land research, technical information, and assistance in for11 eign countries, and shall be available to support forestry 

12 and related natural resource activities outside the United 

13 States and its territories and possessions, including tech14 nical assistance, education and training, and cooperation 

15 with U.S., private, and international organizations. The 

16 Forest Service, acting for the International Program, may 

17 sign direct funding agreements with foreign governments 

18 and institutions as well as other domestic agencies (includ19 ing the U.S. Agency for International Development, the 

20 Department of State, and the Millennium Challenge Cor21 poration), U.S. private sector firms, institutions and orga22 nizations to provide technical assistance and training pro23 grams overseas on forestry and rangeland management. 

24 Funds appropriated to the Forest Service shall be 

25 available for expenditure or transfer to the Department 


pbinns on DSK79D2C42PROD with BILLS
97 

HR 21 PCS 

1 of the Interior, Bureau of Land Management, for removal, 

2 preparation, and adoption of excess wild horses and burros 

3 from National Forest System lands, and for the perform4 ance of cadastral surveys to designate the boundaries of 

5 such lands. 

6 None of the funds made available to the Forest Serv7 ice in this Act or any other Act with respect to any fiscal 

8 year shall be subject to transfer under the provisions of 

9 section 702(b) of the Department of Agriculture Organic 

10 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 

11 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

12 Law 107–171 (7 U.S.C. 8316(b)). 

13 None of the funds available to the Forest Service may 

14 be reprogrammed without the advance approval of the 

15 House and Senate Committees on Appropriations in ac16 cordance with the reprogramming procedures contained in 

17 Senate report 115-276. 

18 Not more than $82,000,000 of funds available to the 

19 Forest Service shall be transferred to the Working Capital 

20 Fund of the Department of Agriculture and not more than 

21 $14,500,000 of funds available to the Forest Service shall 

22 be transferred to the Department of Agriculture for De23 partment Reimbursable Programs, commonly referred to 

24 as Greenbook charges. Nothing in this paragraph shall 

25 prohibit or limit the use of reimbursable agreements reVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
98 

HR 21 PCS 

1 quested by the Forest Service in order to obtain services 

2 from the Department of Agriculture’s National Informa3 tion Technology Center and the Department of Agri4 culture’s International Technology Service. 

5 Of the funds available to the Forest Service, up to 

6 $5,000,000 shall be available for priority projects within 

7 the scope of the approved budget, which shall be carried 

8 out by the Youth Conservation Corps and shall be carried 

9 out under the authority of the Public Lands Corps Act 

10 of 1993 (16 U.S.C. 1721 et seq.). 

11 Of the funds available to the Forest Service, $4,000 

12 is available to the Chief of the Forest Service for official 

13 reception and representation expenses. 

14 Pursuant to sections 405(b) and 410(b) of Public 

15 Law 101–593, of the funds available to the Forest Service, 

16 up to $3,000,000 may be advanced in a lump sum to the 

17 National Forest Foundation to aid conservation partner18 ship projects in support of the Forest Service mission, 

19 without regard to when the Foundation incurs expenses, 

20 for projects on or benefitting National Forest System 

21 lands or related to Forest Service programs: Provided, 

22 That of the Federal funds made available to the Founda23 tion, no more than $300,000 shall be available for admin24 istrative expenses: Provided further, That the Foundation 

25 shall obtain, by the end of the period of Federal financial 


pbinns on DSK79D2C42PROD with BILLS
99 

HR 21 PCS 

1 assistance, private contributions to match funds made 

2 available by the Forest Service on at least a one-for-one 

3 basis: Provided further, That the Foundation may transfer 

4 Federal funds to a Federal or a non-Federal recipient for 

5 a project at the same rate that the recipient has obtained 

6 the non-Federal matching funds. 

7 Pursuant to section 2(b)(2) of Public Law 98–244, 

8 up to $3,000,000 of the funds available to the Forest 

9 Service may be advanced to the National Fish and Wildlife 

10 Foundation in a lump sum to aid cost-share conservation 

11 projects, without regard to when expenses are incurred, 

12 on or benefitting National Forest System lands or related 

13 to Forest Service programs: Provided, That such funds 

14 shall be matched on at least a one-for-one basis by the 

15 Foundation or its sub-recipients: Provided further, That 

16 the Foundation may transfer Federal funds to a Federal 

17 or non-Federal recipient for a project at the same rate 

18 that the recipient has obtained the non-Federal matching 

19 funds. 

20 Funds appropriated to the Forest Service shall be 

21 available for interactions with and providing technical as22 sistance to rural communities and natural resource-based 

23 businesses for sustainable rural development purposes. 

24 Funds appropriated to the Forest Service shall be 

25 available for payments to counties within the Columbia 


pbinns on DSK79D2C42PROD with BILLS
100 

HR 21 PCS 

1 River Gorge National Scenic Area, pursuant to section 

2 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

3 663. 

4 Any funds appropriated to the Forest Service may 

5 be used to meet the non-Federal share requirement in sec6 tion 502(c) of the Older Americans Act of 1965 (42 

7 U.S.C. 3056(c)(2)). 

8 The Forest Service shall not assess funds for the pur9 pose of performing fire, administrative, and other facilities 

10 maintenance and decommissioning. 

11 Notwithstanding any other provision of law, of any 

12 appropriations or funds available to the Forest Service, 

13 not to exceed $500,000 may be used to reimburse the Of14 fice of the General Counsel (OGC), Department of Agri15 culture, for travel and related expenses incurred as a re16 sult of OGC assistance or participation requested by the 

17 Forest Service at meetings, training sessions, management 

18 reviews, land purchase negotiations and similar matters 

19 unrelated to civil litigation. Future budget justifications 

20 for both the Forest Service and the Department of Agri21 culture should clearly display the sums previously trans22 ferred and the sums requested for transfer. 

23 An eligible individual who is employed in any project 

24 funded under title V of the Older Americans Act of 1965 

25 (42 U.S.C. 3056 et seq.) and administered by the Forest 


pbinns on DSK79D2C42PROD with BILLS
101 

HR 21 PCS 

1 Service shall be considered to be a Federal employee for 

2 purposes of chapter 171 of title 28, United States Code. 

3 Notwithstanding any other provision of this Act, 

4 through the Office of Budget and Program Analysis, the 

5 Forest Service shall report no later than 30 business days 

6 following the close of each fiscal quarter all current and 

7 prior year unobligated balances, by fiscal year, budget line 

8 item and account, to the House and Senate Committees 

9 on Appropriations. 

10 DEPARTMENT OF HEALTH AND HUMAN 

11 SERVICES 

12 INDIAN HEALTH SERVICE

13 INDIAN HEALTH SERVICES

14 For expenses necessary to carry out the Act of Au15 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina16 tion and Education Assistance Act, the Indian Health 

17 Care Improvement Act, and titles II and III of the Public 

18 Health Service Act with respect to the Indian Health Serv19 ice, $4,072,385,000, together with payments received dur20 ing the fiscal year pursuant to sections 231(b) and 233 

21 of the Public Health Service Act (42 U.S.C. 238(b), 

22 238b), for services furnished by the Indian Health Service: 

23 Provided, That funds made available to tribes and tribal 

24 organizations through contracts, grant agreements, or any 

25 other agreements or compacts authorized by the Indian 


pbinns on DSK79D2C42PROD with BILLS
102 

HR 21 PCS 

1 Self-Determination and Education Assistance Act of 1975 

2 (25 U.S.C. 450), shall be deemed to be obligated at the 

3 time of the grant or contract award and thereafter shall 

4 remain available to the tribe or tribal organization without 

5 fiscal year limitation: Provided further, That $2,000,000 

6 shall be available for grants or contracts with public or 

7 private institutions to provide alcohol or drug treatment 

8 services to Indians, including alcohol detoxification serv9 ices: Provided further, That $964,819,000 for Purchased/ 

10 Referred Care, including $53,000,000 for the Indian Cat11 astrophic Health Emergency Fund, shall remain available 

12 until expended: Provided further, That of the funds pro13 vided, up to $36,000,000 shall remain available until ex14 pended for implementation of the loan repayment program 

15 under section 108 of the Indian Health Care Improvement 

16 Act: Provided further, That of the funds provided, 

17 $15,000,000 shall remain available until expended to sup18 plement funds available for operational costs at tribal clin19 ics operated under an Indian Self-Determination and Edu20 cation Assistance Act compact or contract where health 

21 care is delivered in space acquired through a full service 

22 lease, which is not eligible for maintenance and improve23 ment and equipment funds from the Indian Health Serv24 ice, and $58,000,000 shall be for costs related to or result25 ing from accreditation emergencies, of which up to 


pbinns on DSK79D2C42PROD with BILLS
103 

HR 21 PCS 

1 $4,000,000 may be used to supplement amounts otherwise 

2 available for Purchased/Referred Care: Provided further, 

3 That the amounts collected by the Federal Government 

4 as authorized by sections 104 and 108 of the Indian 

5 Health Care Improvement Act (25 U.S.C. 1613a and 

6 1616a) during the preceding fiscal year for breach of con7 tracts shall be deposited to the Fund authorized by section 

8 108A of that Act (25 U.S.C. 1616a–1) and shall remain 

9 available until expended and, notwithstanding section 

10 108A(c) of that Act (25 U.S.C. 1616a–1(c)), funds shall 

11 be available to make new awards under the loan repay12 ment and scholarship programs under sections 104 and 

13 108 of that Act (25 U.S.C. 1613a and 1616a): Provided 

14 further, That the amounts made available within this ac15 count for the Substance Abuse and Suicide Prevention 

16 Program, for opioid Prevention, Treatment and Recovery 

17 Services, for the Domestic Violence Prevention Program, 

18 for the Zero Suicide Initiative, for the housing subsidy au19 thority for civilian employees, for aftercare pilot programs 

20 at Youth Regional Treatment Centers, to improve collec21 tions from public and private insurance at Indian Health 

22 Service and tribally operated facilities, and for accredita23 tion emergencies shall be allocated at the discretion of the 

24 Director of the Indian Health Service and shall remain 

25 available until expended: Provided further, That funds proVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
104 

HR 21 PCS 

1 vided in this Act may be used for annual contracts and 

2 grants for which the performance period falls within 2 fis3 cal years, provided the total obligation is recorded in the 

4 year the funds are appropriated: Provided further, That 

5 the amounts collected by the Secretary of Health and 

6 Human Services under the authority of title IV of the In7 dian Health Care Improvement Act shall remain available 

8 until expended for the purpose of achieving compliance 

9 with the applicable conditions and requirements of titles 

10 XVIII and XIX of the Social Security Act, except for those 

11 related to the planning, design, or construction of new fa12 cilities: Provided further, That funding contained herein 

13 for scholarship programs under the Indian Health Care 

14 Improvement Act shall remain available until expended: 

15 Provided further, That amounts received by tribes and 

16 tribal organizations under title IV of the Indian Health 

17 Care Improvement Act shall be reported and accounted 

18 for and available to the receiving tribes and tribal organi19 zations until expended: Provided further, That the Bureau 

20 of Indian Affairs may collect from the Indian Health Serv21 ice, and from tribes and tribal organizations operating 

22 health facilities pursuant to Public Law 93–638, such in23 dividually identifiable health information relating to dis24 abled children as may be necessary for the purpose of car25 rying out its functions under the Individuals with DisabilVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
105 

HR 21 PCS 

1 ities Education Act (20 U.S.C. 1400 et seq.): Provided 

2 further, That the accreditation emergency funds may be 

3 used, as needed, to carry out activities typically funded 

4 under the Indian Health Facilities account. 

5 CONTRACT SUPPORT COSTS

6 For payments to tribes and tribal organizations for 

7 contract support costs associated with Indian Self-Deter8 mination and Education Assistance Act agreements with 

9 the Indian Health Service for fiscal year 2019, such sums 

10 as may be necessary: Provided, That notwithstanding any 

11 other provision of law, no amounts made available under 

12 this heading shall be available for transfer to another 

13 budget account. 

14 INDIAN HEALTH FACILITIES

15 For construction, repair, maintenance, improvement, 

16 and equipment of health and related auxiliary facilities, 

17 including quarters for personnel; preparation of plans, 

18 specifications, and drawings; acquisition of sites, purchase 

19 and erection of modular buildings, and purchases of trail20 ers; and for provision of domestic and community sanita21 tion facilities for Indians, as authorized by section 7 of 

22 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

23 Self-Determination Act, and the Indian Health Care Im24 provement Act, and for expenses necessary to carry out 

25 such Acts and titles II and III of the Public Health ServVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
106 

HR 21 PCS 

1 ice Act with respect to environmental health and facilities 

2 support activities of the Indian Health Service, 

3 $877,504,000, to remain available until expended: Pro4 vided, That notwithstanding any other provision of law, 

5 funds appropriated for the planning, design, construction, 

6 renovation or expansion of health facilities for the benefit 

7 of an Indian tribe or tribes may be used to purchase land 

8 on which such facilities will be located: Provided further, 

9 That not to exceed $500,000 may be used by the Indian 

10 Health Service to purchase TRANSAM equipment from 

11 the Department of Defense for distribution to the Indian 

12 Health Service and tribal facilities: Provided further, That 

13 none of the funds appropriated to the Indian Health Serv14 ice may be used for sanitation facilities construction for 

15 new homes funded with grants by the housing programs 

16 of the United States Department of Housing and Urban 

17 Development: Provided further, That not to exceed 

18 $2,700,000 from this account and the ‘‘Indian Health 

19 Services’’ account may be used by the Indian Health Serv20 ice to obtain ambulances for the Indian Health Service 

21 and tribal facilities in conjunction with an existing inter22 agency agreement between the Indian Health Service and 

23 the General Services Administration: Provided further, 

24 That not to exceed $500,000 may be placed in a Demoli25 tion Fund, to remain available until expended, and be used 


pbinns on DSK79D2C42PROD with BILLS
107 

HR 21 PCS 

1 by the Indian Health Service for the demolition of Federal 

2 buildings. 

3 ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

4 Appropriations provided in this Act to the Indian 

5 Health Service shall be available for services as authorized 

6 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 

7 equivalent to the maximum rate payable for senior-level 

8 positions under 5 U.S.C. 5376; hire of passenger motor 

9 vehicles and aircraft; purchase of medical equipment; pur10 chase of reprints; purchase, renovation and erection of 

11 modular buildings and renovation of existing facilities; 

12 payments for telephone service in private residences in the 

13 field, when authorized under regulations approved by the 

14 Secretary of Health and Human Services; uniforms or al15 lowances therefor as authorized by 5 U.S.C. 5901–5902; 

16 and for expenses of attendance at meetings that relate to 

17 the functions or activities of the Indian Health Service: 

18 Provided, That in accordance with the provisions of the 

19 Indian Health Care Improvement Act, non-Indian patients 

20 may be extended health care at all tribally administered 

21 or Indian Health Service facilities, subject to charges, and 

22 the proceeds along with funds recovered under the Federal 

23 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

24 be credited to the account of the facility providing the 

25 service and shall be available without fiscal year limitation: 


pbinns on DSK79D2C42PROD with BILLS
108 

HR 21 PCS 

1 Provided further, That notwithstanding any other law or 

2 regulation, funds transferred from the Department of 

3 Housing and Urban Development to the Indian Health 

4 Service shall be administered under Public Law 86–121, 

5 the Indian Sanitation Facilities Act and Public Law 93– 

6 638: Provided further, That funds appropriated to the In7 dian Health Service in this Act, except those used for ad8 ministrative and program direction purposes, shall not be 

9 subject to limitations directed at curtailing Federal travel 

10 and transportation: Provided further, That none of the 

11 funds made available to the Indian Health Service in this 

12 Act shall be used for any assessments or charges by the 

13 Department of Health and Human Services unless identi14 fied in the budget justification and provided in this Act, 

15 or approved by the House and Senate Committees on Ap16 propriations through the reprogramming process: Pro17 vided further, That notwithstanding any other provision 

18 of law, funds previously or herein made available to a tribe 

19 or tribal organization through a contract, grant, or agree20 ment authorized by title I or title V of the Indian Self21 Determination and Education Assistance Act of 1975 (25 

22 U.S.C. 5321 et seq. (title I), 5381 et seq. (title V)), may 

23 be deobligated and reobligated to a self-determination con24 tract under title I, or a self-governance agreement under 

25 title V of such Act and thereafter shall remain available 


pbinns on DSK79D2C42PROD with BILLS
109 

HR 21 PCS 

1 to the tribe or tribal organization without fiscal year limi2 tation: Provided further, That none of the funds made 

3 available to the Indian Health Service in this Act shall 

4 be used to implement the final rule published in the Fed5 eral Register on September 16, 1987, by the Department 

6 of Health and Human Services, relating to the eligibility 

7 for the health care services of the Indian Health Service 

8 until the Indian Health Service has submitted a budget 

9 request reflecting the increased costs associated with the 

10 proposed final rule, and such request has been included 

11 in an appropriations Act and enacted into law: Provided 

12 further, That with respect to functions transferred by the 

13 Indian Health Service to tribes or tribal organizations, the 

14 Indian Health Service is authorized to provide goods and 

15 services to those entities on a reimbursable basis, includ16 ing payments in advance with subsequent adjustment, and 

17 the reimbursements received therefrom, along with the 

18 funds received from those entities pursuant to the Indian 

19 Self-Determination Act, may be credited to the same or 

20 subsequent appropriation account from which the funds 

21 were originally derived, with such amounts to remain 

22 available until expended: Provided further, That reim23 bursements for training, technical assistance, or services 

24 provided by the Indian Health Service will contain total 

25 costs, including direct, administrative, and overhead costs 


pbinns on DSK79D2C42PROD with BILLS
110 

HR 21 PCS 

1 associated with the provision of goods, services, or tech2 nical assistance: Provided further, That the Indian Health 

3 Service may provide to civilian medical personnel serving 

4 in hospitals operated by the Indian Health Service housing 

5 allowances equivalent to those that would be provided to 

6 members of the Commissioned Corps of the United States 

7 Public Health Service serving in similar positions at such 

8 hospitals: Provided further, That the appropriation struc9 ture for the Indian Health Service may not be altered 

10 without advance notification to the House and Senate 

11 Committees on Appropriations. 

12 NATIONAL INSTITUTES OF HEALTH

13 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

14 SCIENCES

15 For necessary expenses for the National Institute of 

16 Environmental Health Sciences in carrying out activities 

17 set forth in section 311(a) of the Comprehensive Environ18 mental Response, Compensation, and Liability Act of 

19 1980 (42 U.S.C. 9660(a)) and section 126(g) of the 

20 Superfund Amendments and Reauthorization Act of 1986, 

21 $78,349,000. 


pbinns on DSK79D2C42PROD with BILLS
111 

HR 21 PCS 

1 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

2 REGISTRY

3 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

4 HEALTH

5 For necessary expenses for the Agency for Toxic Sub6 stances and Disease Registry (ATSDR) in carrying out 

7 activities set forth in sections 104(i) and 111(c)(4) of the 

8 Comprehensive Environmental Response, Compensation, 

9 and Liability Act of 1980 (CERCLA) and section 3019 

10 of the Solid Waste Disposal Act, $74,691,000: Provided, 

11 That notwithstanding any other provision of law, in lieu 

12 of performing a health assessment under section 104(i)(6) 

13 of CERCLA, the Administrator of ATSDR may conduct 

14 other appropriate health studies, evaluations, or activities, 

15 including, without limitation, biomedical testing, clinical 

16 evaluations, medical monitoring, and referral to accredited 

17 healthcare providers: Provided further, That in performing 

18 any such health assessment or health study, evaluation, 

19 or activity, the Administrator of ATSDR shall not be 

20 bound by the deadlines in section 104(i)(6)(A) of 

21 CERCLA: Provided further, That none of the funds appro22 priated under this heading shall be available for ATSDR 

23 to issue in excess of 40 toxicological profiles pursuant to 

24 section 104(i) of CERCLA during fiscal year 2019, and 

25 existing profiles may be updated as necessary. 


pbinns on DSK79D2C42PROD with BILLS
112 

HR 21 PCS 

1 OTHER RELATED AGENCIES 

2 EXECUTIVE OFFICE OF THE PRESIDENT

3 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

4 ENVIRONMENTAL QUALITY

5 For necessary expenses to continue functions as6 signed to the Council on Environmental Quality and Office 

7 of Environmental Quality pursuant to the National Envi8 ronmental Policy Act of 1969, the Environmental Quality 

9 Improvement Act of 1970, and Reorganization Plan No. 

10 1 of 1977, and not to exceed $750 for official reception 

11 and representation expenses, $3,005,000: Provided, That 

12 notwithstanding section 202 of the National Environ13 mental Policy Act of 1970, the Council shall consist of 

14 one member, appointed by the President, by and with the 

15 advice and consent of the Senate, serving as chairman and 

16 exercising all powers, functions, and duties of the Council. 

17 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses in carrying out activities pur20 suant to section 112(r)(6) of the Clean Air Act, including 

21 hire of passenger vehicles, uniforms or allowances there22 for, as authorized by 5 U.S.C. 5901–5902, and for serv23 ices authorized by 5 U.S.C. 3109 but at rates for individ24 uals not to exceed the per diem equivalent to the maximum 

25 rate payable for senior level positions under 5 U.S.C. 


pbinns on DSK79D2C42PROD with BILLS
113 

HR 21 PCS 

1 5376, $11,000,000: Provided, That the Chemical Safety 

2 and Hazard Investigation Board (Board) shall have not 

3 more than three career Senior Executive Service positions: 

4 Provided further, That notwithstanding any other provi5 sion of law, the individual appointed to the position of In6 spector General of the Environmental Protection Agency 

7 (EPA) shall, by virtue of such appointment, also hold the 

8 position of Inspector General of the Board: Provided fur9 ther, That notwithstanding any other provision of law, the 

10 Inspector General of the Board shall utilize personnel of 

11 the Office of Inspector General of EPA in performing the 

12 duties of the Inspector General of the Board, and shall 

13 not appoint any individuals to positions within the Board. 

14 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of Navajo and 

17 Hopi Indian Relocation as authorized by Public Law 93– 

18 531, $7,400,000, to remain available until expended: Pro19 vided, That funds provided in this or any other appropria20 tions Act are to be used to relocate eligible individuals and 

21 groups including evictees from District 6, Hopi-partitioned 

22 lands residents, those in significantly substandard hous23 ing, and all others certified as eligible and not included 

24 in the preceding categories: Provided further, That none 

25 of the funds contained in this or any other Act may be 


pbinns on DSK79D2C42PROD with BILLS
114 

HR 21 PCS 

1 used by the Office of Navajo and Hopi Indian Relocation 

2 to evict any single Navajo or Navajo family who, as of 

3 November 30, 1985, was physically domiciled on the lands 

4 partitioned to the Hopi Tribe unless a new or replacement 

5 home is provided for such household: Provided further, 

6 That no relocatee will be provided with more than one new 

7 or replacement home: Provided further, That the Office 

8 shall relocate any certified eligible relocatees who have se9 lected and received an approved homesite on the Navajo 

10 reservation or selected a replacement residence off the 

11 Navajo reservation or on the land acquired pursuant to 

12 section 11 of Public Law 93–531 (88 Stat. 1716). 

13 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

14 CULTURE AND ARTS DEVELOPMENT

15 PAYMENT TO THE INSTITUTE

16 For payment to the Institute of American Indian and 

17 Alaska Native Culture and Arts Development, as author18 ized by part A of title XV of Public Law 99–498 (20 

19 U.S.C. 4411 et seq.), $9,960,000, which shall become 

20 available on July 1, 2019, and shall remain available until 

21 September 30, 2020. 

22 SMITHSONIAN INSTITUTION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Smithsonian Institu25 tion, as authorized by law, including research in the fields 


pbinns on DSK79D2C42PROD with BILLS
115 

HR 21 PCS 

1 of art, science, and history; development, preservation, and 

2 documentation of the National Collections; presentation of 

3 public exhibits and performances; collection, preparation, 

4 dissemination, and exchange of information and publica5 tions; conduct of education, training, and museum assist6 ance programs; maintenance, alteration, operation, lease 

7 agreements of no more than 30 years, and protection of 

8 buildings, facilities, and approaches; not to exceed 

9 $100,000 for services as authorized by 5 U.S.C. 3109; and 

10 purchase, rental, repair, and cleaning of uniforms for em11 ployees, $739,894,000, to remain available until Sep12 tember 30, 2020, except as otherwise provided herein; of 

13 which not to exceed $6,917,000 for the instrumentation 

14 program, collections acquisition, exhibition reinstallation, 

15 and the repatriation of skeletal remains program shall re16 main available until expended; and including such funds 

17 as may be necessary to support American overseas re18 search centers: Provided, That funds appropriated herein 

19 are available for advance payments to independent con20 tractors performing research services or participating in 

21 official Smithsonian presentations. 

22 FACILITIES CAPITAL

23 For necessary expenses of repair, revitalization, and 

24 alteration of facilities owned or occupied by the Smithso25 nian Institution, by contract or otherwise, as authorized 


pbinns on DSK79D2C42PROD with BILLS
116 

HR 21 PCS 

1 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

2 and for construction, including necessary personnel, 

3 $303,503,000, to remain available until expended, of 

4 which not to exceed $10,000 shall be for services as au5 thorized by 5 U.S.C. 3109. 

6 NATIONAL GALLERY OF ART

7 SALARIES AND EXPENSES

8 For the upkeep and operations of the National Gal9 lery of Art, the protection and care of the works of art 

10 therein, and administrative expenses incident thereto, as 

11 authorized by the Act of March 24, 1937 (50 Stat. 51), 

12 as amended by the public resolution of April 13, 1939 

13 (Public Resolution 9, Seventy-sixth Congress), including 

14 services as authorized by 5 U.S.C. 3109; payment in ad15 vance when authorized by the treasurer of the Gallery for 

16 membership in library, museum, and art associations or 

17 societies whose publications or services are available to 

18 members only, or to members at a price lower than to the 

19 general public; purchase, repair, and cleaning of uniforms 

20 for guards, and uniforms, or allowances therefor, for other 

21 employees as authorized by law (5 U.S.C. 5901–5902); 

22 purchase or rental of devices and services for protecting 

23 buildings and contents thereof, and maintenance, alter24 ation, improvement, and repair of buildings, approaches, 

25 and grounds; and purchase of services for restoration and 


pbinns on DSK79D2C42PROD with BILLS
117 

HR 21 PCS 

1 repair of works of art for the National Gallery of Art by 

2 contracts made, without advertising, with individuals, 

3 firms, or organizations at such rates or prices and under 

4 such terms and conditions as the Gallery may deem prop5 er, $144,202,000, to remain available until September 30, 

6 2020, of which not to exceed $3,620,000 for the special 

7 exhibition program shall remain available until expended. 

8 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

9 For necessary expenses of repair, restoration and 

10 renovation of buildings, grounds and facilities owned or 

11 occupied by the National Gallery of Art, by contract or 

12 otherwise, for operating lease agreements of no more than 

13 10 years, with no extensions or renewals beyond the 10 

14 years, that address space needs created by the ongoing 

15 renovations in the Master Facilities Plan, as authorized, 

16 $23,000,000, to remain available until expended: Pro17 vided, That contracts awarded for environmental systems, 

18 protection systems, and exterior repair or renovation of 

19 buildings of the National Gallery of Art may be negotiated 

20 with selected contractors and awarded on the basis of con21 tractor qualifications as well as price. 


pbinns on DSK79D2C42PROD with BILLS
118 

HR 21 PCS 

1 JOHN F. KENNEDY CENTER FOR THE PERFORMING

2 ARTS

3 OPERATIONS AND MAINTENANCE

4 For necessary expenses for the operation, mainte5 nance and security of the John F. Kennedy Center for 

6 the Performing Arts, $24,490,000. 

7 CAPITAL REPAIR AND RESTORATION

8 For necessary expenses for capital repair and restora9 tion of the existing features of the building and site of 

10 the John F. Kennedy Center for the Performing Arts, 

11 $16,800,000, to remain available until expended. 

12 WOODROW WILSON INTERNATIONAL CENTER FOR

13 SCHOLARS

14 SALARIES AND EXPENSES

15 For expenses necessary in carrying out the provisions 

16 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

17 1356) including hire of passenger vehicles and services as 

18 authorized by 5 U.S.C. 3109, $12,000,000, to remain 

19 available until September 30, 2020. 

20 NATIONAL FOUNDATION ON THE ARTS AND THE

21 HUMANITIES

22 NATIONAL ENDOWMENT FOR THE ARTS

23 GRANTS AND ADMINISTRATION

24 For necessary expenses to carry out the National 

25 Foundation on the Arts and the Humanities Act of 1965, 


pbinns on DSK79D2C42PROD with BILLS
119 

HR 21 PCS 

1 $155,000,000 shall be available to the National Endow2 ment for the Arts for the support of projects and produc3 tions in the arts, including arts education and public out4 reach activities, through assistance to organizations and 

5 individuals pursuant to section 5 of the Act, for program 

6 support, and for administering the functions of the Act, 

7 to remain available until expended. 

8 NATIONAL ENDOWMENT FOR THE HUMANITIES

9 GRANTS AND ADMINISTRATION

10 For necessary expenses to carry out the National 

11 Foundation on the Arts and the Humanities Act of 1965, 

12 $155,000,000 to remain available until expended, of which 

13 $143,700,000 shall be available for support of activities 

14 in the humanities, pursuant to section 7(c) of the Act and 

15 for administering the functions of the Act; and 

16 $11,300,000 shall be available to carry out the matching 

17 grants program pursuant to section 10(a)(2) of the Act, 

18 including $9,100,000 for the purposes of section 7(h): 

19 Provided, That appropriations for carrying out section 

20 10(a)(2) shall be available for obligation only in such 

21 amounts as may be equal to the total amounts of gifts, 

22 bequests, devises of money, and other property accepted 

23 by the chairman or by grantees of the National Endow24 ment for the Humanities under the provisions of sections 

25 11(a)(2)(B) and 11(a)(3)(B) during the current and preVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
120 

HR 21 PCS 

1 ceding fiscal years for which equal amounts have not pre2 viously been appropriated. 

3 ADMINISTRATIVE PROVISIONS

4 None of the funds appropriated to the National 

5 Foundation on the Arts and the Humanities may be used 

6 to process any grant or contract documents which do not 

7 include the text of 18 U.S.C. 1913: Provided, That none 

8 of the funds appropriated to the National Foundation on 

9 the Arts and the Humanities may be used for official re10 ception and representation expenses: Provided further, 

11 That funds from nonappropriated sources may be used as 

12 necessary for official reception and representation ex13 penses: Provided further, That the Chairperson of the Na14 tional Endowment for the Arts may approve grants of up 

15 to $10,000, if in the aggregate the amount of such grants 

16 does not exceed 5 percent of the sums appropriated for 

17 grantmaking purposes per year: Provided further, That 

18 such small grant actions are taken pursuant to the terms 

19 of an expressed and direct delegation of authority from 

20 the National Council on the Arts to the Chairperson. 

21 COMMISSION OF FINE ARTS

22 SALARIES AND EXPENSES

23 For expenses of the Commission of Fine Arts under 

24 chapter 91 of title 40, United States Code, $2,771,000: 

25 Provided, That the Commission is authorized to charge 


pbinns on DSK79D2C42PROD with BILLS
121 

HR 21 PCS 

1 fees to cover the full costs of its publications, and such 

2 fees shall be credited to this account as an offsetting col3 lection, to remain available until expended without further 

4 appropriation: Provided further, That the Commission is 

5 authorized to accept gifts, including objects, papers, art6 work, drawings and artifacts, that pertain to the history 

7 and design of the Nation’s Capital or the history and ac8 tivities of the Commission of Fine Arts, for the purpose 

9 of artistic display, study, or education: Provided further, 

10 That one-tenth of one percent of the funds provided under 

11 this heading may be used for official reception and rep12 resentation expenses. 

13 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

14 For necessary expenses as authorized by Public Law 

15 99–190 (20 U.S.C. 956a), $2,750,000. 

16 ADVISORY COUNCIL ON HISTORIC PRESERVATION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Advisory Council on 

19 Historic Preservation (Public Law 89–665), $6,440,000. 

20 NATIONAL CAPITAL PLANNING COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the National Capital Plan23 ning Commission under chapter 87 of title 40, United 

24 States Code, including services as authorized by 5 U.S.C. 

25 3109, $7,948,000: Provided, That one-quarter of 1 perVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
122 

HR 21 PCS 

1 cent of the funds provided under this heading may be used 

2 for official reception and representational expenses associ3 ated with hosting international visitors engaged in the 

4 planning and physical development of world capitals. 

5 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

6 HOLOCAUST MEMORIAL MUSEUM

7 For expenses of the Holocaust Memorial Museum, as 

8 authorized by Public Law 106–292 (36 U.S.C. 2301– 

9 2310), $59,500,000, of which $1,715,000 shall remain 

10 available until September 30, 2021, for the Museum’s 

11 equipment replacement program; and of which $4,000,000 

12 for the Museum’s repair and rehabilitation program and 

13 $1,500,000 for the Museum’s outreach initiatives program 

14 shall remain available until expended. 

15 DWIGHT D. EISENHOWER MEMORIAL COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Dwight D. Eisenhower 

18 Memorial Commission, $1,800,000, to remain available 

19 until expended. 

20 WOMEN’S SUFFRAGE CENTENNIAL COMMISSION

21 For necessary expenses for the Women’s Suffrage 

22 Centennial Commission, as authorized by the Women’s 

23 Suffrage Centennial Commission Act (section 431(a)(3) of 

24 division G of Public Law 115–31), $1,000,000, to remain 

25 available until expended. 


pbinns on DSK79D2C42PROD with BILLS
123 

HR 21 PCS 

1 WORLD WAR I CENTENNIAL COMMISSION

2 SALARIES AND EXPENSES

3 Notwithstanding section 9 of the World War I Cen4 tennial Commission Act, as authorized by the World War 

5 I Centennial Commission Act (Public Law 112–272) and 

6 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 

7 Defense Authorization Act for Fiscal Year 2015 (Public 

8 Law 113–291), for necessary expenses of the World War 

9 I Centennial Commission, $7,000,000, to remain available 

10 until expended: Provided, That in addition to the authority 

11 provided by section 6(g) of such Act, the World War I 

12 Commission may accept money, in-kind personnel services, 

13 contractual support, or any appropriate support from any 

14 executive branch agency for activities of the Commission. 

15 TITLE IV 

16 GENERAL PROVISIONS 

17 (INCLUDING TRANSFERS OF FUNDS)

18 RESTRICTION ON USE OF FUNDS

19 SEC. 401. No part of any appropriation contained in 

20 this Act shall be available for any activity or the publica21 tion or distribution of literature that in any way tends to 

22 promote public support or opposition to any legislative 

23 proposal on which Congressional action is not complete 

24 other than to communicate to Members of Congress as 

25 described in 18 U.S.C. 1913. 


pbinns on DSK79D2C42PROD with BILLS
124 

HR 21 PCS 

1 OBLIGATION OF APPROPRIATIONS

2 SEC. 402. No part of any appropriation contained in 

3 this Act shall remain available for obligation beyond the 

4 current fiscal year unless expressly so provided herein. 

5 DISCLOSURE OF ADMINISTRATIVE EXPENSES

6 SEC. 403. The amount and basis of estimated over7 head charges, deductions, reserves or holdbacks, including 

8 working capital fund and cost pool charges, from pro9 grams, projects, activities and subactivities to support gov10 ernment-wide, departmental, agency, or bureau adminis11 trative functions or headquarters, regional, or central op12 erations shall be presented in annual budget justifications 

13 and subject to approval by the Committees on Appropria14 tions of the House of Representatives and the Senate. 

15 Changes to such estimates shall be presented to the Com16 mittees on Appropriations for approval. 

17 MINING APPLICATIONS

18 SEC. 404. (a) LIMITATION OF FUNDS.—None of the 

19 funds appropriated or otherwise made available pursuant 

20 to this Act shall be obligated or expended to accept or 

21 process applications for a patent for any mining or mill 

22 site claim located under the general mining laws. 

23 (b) EXCEPTIONS.—Subsection (a) shall not apply if 

24 the Secretary of the Interior determines that, for the claim 

25 concerned (1) a patent application was filed with the SecVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
125 

HR 21 PCS 

1 retary on or before September 30, 1994; and (2) all re2 quirements established under sections 2325 and 2326 of 

3 the Revised Statutes (30 U.S.C. 29 and 30) for vein or 

4 lode claims, sections 2329, 2330, 2331, and 2333 of the 

5 Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 

6 claims, and section 2337 of the Revised Statutes (30 

7 U.S.C. 42) for mill site claims, as the case may be, were 

8 fully complied with by the applicant by that date. 

9 (c) REPORT.—On September 30, 2020, the Secretary 

10 of the Interior shall file with the House and Senate Com11 mittees on Appropriations and the Committee on Natural 

12 Resources of the House and the Committee on Energy and 

13 Natural Resources of the Senate a report on actions taken 

14 by the Department under the plan submitted pursuant to 

15 section 314(c) of the Department of the Interior and Re16 lated Agencies Appropriations Act, 1997 (Public Law 

17 104–208). 

18 (d) MINERAL EXAMINATIONS.—In order to process 

19 patent applications in a timely and responsible manner, 

20 upon the request of a patent applicant, the Secretary of 

21 the Interior shall allow the applicant to fund a qualified 

22 third-party contractor to be selected by the Director of the 

23 Bureau of Land Management to conduct a mineral exam24 ination of the mining claims or mill sites contained in a 

25 patent application as set forth in subsection (b). The BuVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
126 

HR 21 PCS 

1 reau of Land Management shall have the sole responsi2 bility to choose and pay the third-party contractor in ac3 cordance with the standard procedures employed by the 

4 Bureau of Land Management in the retention of third5 party contractors. 

6 CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION

7 SEC. 405. Sections 405 and 406 of division F of the 

8 Consolidated and Further Continuing Appropriations Act, 

9 2015 (Public Law 113–235) shall continue in effect in fis10 cal year 2019. 

11 CONTRACT SUPPORT COSTS, FISCAL YEAR 2019

12 LIMITATION

13 SEC. 406. Amounts provided by this Act for fiscal 

14 year 2019 under the headings ‘‘Department of Health and 

15 Human Services, Indian Health Service, Contract Support 

16 Costs’’ and ‘‘Department of the Interior, Bureau of Indian 

17 Affairs and Bureau of Indian Education, Contract Sup18 port Costs’’ are the only amounts available for contract 

19 support costs arising out of self-determination or self-gov20 ernance contracts, grants, compacts, or annual funding 

21 agreements for fiscal year 2019 with the Bureau of Indian 

22 Affairs or the Indian Health Service: Provided, That such 

23 amounts provided by this Act are not available for pay24 ment of claims for contract support costs for prior years, 


pbinns on DSK79D2C42PROD with BILLS
127 

HR 21 PCS 

1 or for repayments of payments for settlements or judg2 ments awarding contract support costs for prior years. 

3 FOREST MANAGEMENT PLANS

4 SEC. 407. The Secretary of Agriculture shall not be 

5 considered to be in violation of subparagraph 6(f)(5)(A) 

6 of the Forest and Rangeland Renewable Resources Plan7 ning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because 

8 more than 15 years have passed without revision of the 

9 plan for a unit of the National Forest System. Nothing 

10 in this section exempts the Secretary from any other re11 quirement of the Forest and Rangeland Renewable Re12 sources Planning Act (16 U.S.C. 1600 et seq.) or any 

13 other law: Provided, That if the Secretary is not acting 

14 expeditiously and in good faith, within the funding avail15 able, to revise a plan for a unit of the National Forest 

16 System, this section shall be void with respect to such plan 

17 and a court of proper jurisdiction may order completion 

18 of the plan on an accelerated basis. 

19 PROHIBITION WITHIN NATIONAL MONUMENTS

20 SEC. 408. No funds provided in this Act may be ex21 pended to conduct preleasing, leasing and related activities 

22 under either the Mineral Leasing Act (30 U.S.C. 181 et 

23 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

24 1331 et seq.) within the boundaries of a National Monu25 ment established pursuant to the Act of June 8, 1906 (16 


pbinns on DSK79D2C42PROD with BILLS
128 

HR 21 PCS 

1 U.S.C. 431 et seq.) as such boundary existed on January 

2 20, 2001, except where such activities are allowed under 

3 the Presidential proclamation establishing such monu4 ment. 

5 LIMITATION ON TAKINGS

6 SEC. 409. Unless otherwise provided herein, no funds 

7 appropriated in this Act for the acquisition of lands or 

8 interests in lands may be expended for the filing of dec9 larations of taking or complaints in condemnation without 

10 the approval of the House and Senate Committees on Ap11 propriations: Provided, That this provision shall not apply 

12 to funds appropriated to implement the Everglades Na13 tional Park Protection and Expansion Act of 1989, or to 

14 funds appropriated for Federal assistance to the State of 

15 Florida to acquire lands for Everglades restoration pur16 poses. 

17 TIMBER SALE REQUIREMENTS

18 SEC. 410. No timber sale in Alaska’s Region 10 shall 

19 be advertised if the indicated rate is deficit (defined as 

20 the value of the timber is not sufficient to cover all logging 

21 and stumpage costs and provide a normal profit and risk 

22 allowance under the Forest Service’s appraisal process) 

23 when appraised using a residual value appraisal. The west24 ern red cedar timber from those sales which is surplus 

25 to the needs of the domestic processors in Alaska, shall 


pbinns on DSK79D2C42PROD with BILLS
129 

HR 21 PCS 

1 be made available to domestic processors in the contiguous 

2 48 United States at prevailing domestic prices. All addi3 tional western red cedar volume not sold to Alaska or con4 tiguous 48 United States domestic processors may be ex5 ported to foreign markets at the election of the timber sale 

6 holder. All Alaska yellow cedar may be sold at prevailing 

7 export prices at the election of the timber sale holder. 

8 PROHIBITION ON NO-BID CONTRACTS

9 SEC. 411. None of the funds appropriated or other10 wise made available by this Act to executive branch agen11 cies may be used to enter into any Federal contract unless 

12 such contract is entered into in accordance with the re13 quirements of Chapter 33 of title 41, United States Code, 

14 or Chapter 137 of title 10, United States Code, and the 

15 Federal Acquisition Regulation, unless— 

16 (1) Federal law specifically authorizes a con17 tract to be entered into without regard for these re18 quirements, including formula grants for States, or 

19 federally recognized Indian tribes; or 

20 (2) such contract is authorized by the Indian 

21 Self-Determination and Education Assistance Act 

22 (Public Law 93–638, 25 U.S.C. 450 et seq.) or by 

23 any other Federal laws that specifically authorize a 

24 contract within an Indian tribe as defined in section 

25 4(e) of that Act (25 U.S.C. 450b(e)); or 


pbinns on DSK79D2C42PROD with BILLS
130 

HR 21 PCS 

1 (3) such contract was awarded prior to the date 

2 of enactment of this Act. 

3 POSTING OF REPORTS

4 SEC. 412. (a) Any agency receiving funds made avail5 able in this Act, shall, subject to subsections (b) and (c), 

6 post on the public website of that agency any report re7 quired to be submitted by the Congress in this or any 

8 other Act, upon the determination by the head of the agen9 cy that it shall serve the national interest. 

10 (b) Subsection (a) shall not apply to a report if— 

11 (1) the public posting of the report com12 promises national security; or 

13 (2) the report contains proprietary information. 

14 (c) The head of the agency posting such report shall 

15 do so only after such report has been made available to 

16 the requesting Committee or Committees of Congress for 

17 no less than 45 days. 

18 NATIONAL ENDOWMENT FOR THE ARTS GRANT

19 GUIDELINES

20 SEC. 413. Of the funds provided to the National En21 dowment for the Arts— 

22 (1) The Chairperson shall only award a grant 

23 to an individual if such grant is awarded to such in24 dividual for a literature fellowship, National HeritVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
131 

HR 21 PCS 

1 age Fellowship, or American Jazz Masters Fellow2 ship. 

3 (2) The Chairperson shall establish procedures 

4 to ensure that no funding provided through a grant, 

5 except a grant made to a State or local arts agency, 

6 or regional group, may be used to make a grant to 

7 any other organization or individual to conduct ac8 tivity independent of the direct grant recipient. 

9 Nothing in this subsection shall prohibit payments 

10 made in exchange for goods and services. 

11 (3) No grant shall be used for seasonal support 

12 to a group, unless the application is specific to the 

13 contents of the season, including identified programs 

14 or projects. 

15 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM

16 PRIORITIES

17 SEC. 414. (a) In providing services or awarding fi18 nancial assistance under the National Foundation on the 

19 Arts and the Humanities Act of 1965 from funds appro20 priated under this Act, the Chairperson of the National 

21 Endowment for the Arts shall ensure that priority is given 

22 to providing services or awarding financial assistance for 

23 projects, productions, workshops, or programs that serve 

24 underserved populations. 

25 (b) In this section: 


pbinns on DSK79D2C42PROD with BILLS
132 

HR 21 PCS 

1 (1) The term ‘‘underserved population’’ means 

2 a population of individuals, including urban minori3 ties, who have historically been outside the purview 

4 of arts and humanities programs due to factors such 

5 as a high incidence of income below the poverty line 

6 or to geographic isolation. 

7 (2) The term ‘‘poverty line’’ means the poverty 

8 line (as defined by the Office of Management and 

9 Budget, and revised annually in accordance with sec10 tion 673(2) of the Community Services Block Grant 

11 Act (42 U.S.C. 9902(2))) applicable to a family of 

12 the size involved. 

13 (c) In providing services and awarding financial as14 sistance under the National Foundation on the Arts and 

15 Humanities Act of 1965 with funds appropriated by this 

16 Act, the Chairperson of the National Endowment for the 

17 Arts shall ensure that priority is given to providing serv18 ices or awarding financial assistance for projects, produc19 tions, workshops, or programs that will encourage public 

20 knowledge, education, understanding, and appreciation of 

21 the arts. 

22 (d) With funds appropriated by this Act to carry out 

23 section 5 of the National Foundation on the Arts and Hu24 manities Act of 1965— 


pbinns on DSK79D2C42PROD with BILLS
133 

HR 21 PCS 

1 (1) the Chairperson shall establish a grant cat2 egory for projects, productions, workshops, or pro3 grams that are of national impact or availability or 

4 are able to tour several States; 

5 (2) the Chairperson shall not make grants ex6 ceeding 15 percent, in the aggregate, of such funds 

7 to any single State, excluding grants made under the 

8 authority of paragraph (1); 

9 (3) the Chairperson shall report to the Con10 gress annually and by State, on grants awarded by 

11 the Chairperson in each grant category under sec12 tion 5 of such Act; and 

13 (4) the Chairperson shall encourage the use of 

14 grants to improve and support community-based 

15 music performance and education. 

16 STATUS OF BALANCES OF APPROPRIATIONS

17 SEC. 415. The Department of the Interior, the Envi18 ronmental Protection Agency, the Forest Service, and the 

19 Indian Health Service shall provide the Committees on 

20 Appropriations of the House of Representatives and Sen21 ate quarterly reports on the status of balances of appro22 priations including all uncommitted, committed, and unob23 ligated funds in each program and activity. 


pbinns on DSK79D2C42PROD with BILLS
134 

HR 21 PCS 

1 PROHIBITION ON USE OF FUNDS

2 SEC. 416. Notwithstanding any other provision of 

3 law, none of the funds made available in this Act or any 

4 other Act may be used to promulgate or implement any 

5 regulation requiring the issuance of permits under title V 

6 of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon 

7 dioxide, nitrous oxide, water vapor, or methane emissions 

8 resulting from biological processes associated with live9 stock production. 

10 GREENHOUSE GAS REPORTING RESTRICTIONS

11 SEC. 417. Notwithstanding any other provision of 

12 law, none of the funds made available in this or any other 

13 Act may be used to implement any provision in a rule, 

14 if that provision requires mandatory reporting of green15 house gas emissions from manure management systems. 

16 FUNDING PROHIBITION

17 SEC. 418. None of the funds made available by this 

18 or any other Act may be used to regulate the lead content 

19 of ammunition, ammunition components, or fishing tackle 

20 under the Toxic Substances Control Act (15 U.S.C. 2601 

21 et seq.) or any other law. 

22 CONTRACTING AUTHORITIES

23 SEC. 419. Section 412 of Division E of Public Law 

24 112–74 is amended by striking ‘‘fiscal year 2019’’ and in25 serting ‘‘fiscal year 2020’’. 


pbinns on DSK79D2C42PROD with BILLS
135 

HR 21 PCS 

1 EXTENSION OF GRAZING PERMITS

2 SEC. 420. The terms and conditions of section 325 

3 of Public Law 108–108 (117 Stat. 1307), regarding graz4 ing permits issued by the Forest Service on any lands not 

5 subject to administration under section 402 of the Federal 

6 Lands Policy and Management Act (43 U.S.C. 1752), 

7 shall remain in effect for fiscal year 2019. 

8 FUNDING PROHIBITION

9 SEC. 421. (a) None of the funds made available in 

10 this Act may be used to maintain or establish a computer 

11 network unless such network is designed to block access 

12 to pornography websites. 

13 (b) Nothing in subsection (a) shall limit the use of 

14 funds necessary for any Federal, State, tribal, or local law 

15 enforcement agency or any other entity carrying out crimi16 nal investigations, prosecution, or adjudication activities. 

17 FOREST SERVICE FACILITY REALIGNMENT AND

18 ENHANCEMENT ACT

19 SEC. 422. Section 503(f) of the Forest Service Facil20 ity Realignment and Enhancement Act of 2005 (16 U.S.C. 

21 580d note; Public Law 109–54) is amended by striking 

22 ‘‘2018’’ and inserting ‘‘2019’’. 

23 USE OF AMERICAN IRON AND STEEL

24 SEC. 423. (a)(1) None of the funds made available 

25 by a State water pollution control revolving fund as auVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
136 

HR 21 PCS 

1 thorized by section 1452 of the Safe Drinking Water Act 

2 (42 U.S.C. 300j–12) shall be used for a project for the 

3 construction, alteration, maintenance, or repair of a public 

4 water system or treatment works unless all of the iron and 

5 steel products used in the project are produced in the 

6 United States. 

7 (2) In this section, the term ‘‘iron and steel’’ products 

8 means the following products made primarily of iron or 

9 steel: lined or unlined pipes and fittings, manhole covers 

10 and other municipal castings, hydrants, tanks, flanges, 

11 pipe clamps and restraints, valves, structural steel, rein12 forced precast concrete, and construction materials. 

13 (b) Subsection (a) shall not apply in any case or cat14 egory of cases in which the Administrator of the Environ15 mental Protection Agency (in this section referred to as 

16 the ‘‘Administrator’’) finds that— 

17 (1) applying subsection (a) would be incon18 sistent with the public interest; 

19 (2) iron and steel products are not produced in 

20 the United States in sufficient and reasonably avail21 able quantities and of a satisfactory quality; or 

22 (3) inclusion of iron and steel products pro23 duced in the United States will increase the cost of 

24 the overall project by more than 25 percent. 


pbinns on DSK79D2C42PROD with BILLS
137 

HR 21 PCS 

1 (c) If the Administrator receives a request for a waiv2 er under this section, the Administrator shall make avail3 able to the public on an informal basis a copy of the re4 quest and information available to the Administrator con5 cerning the request, and shall allow for informal public 

6 input on the request for at least 15 days prior to making 

7 a finding based on the request. The Administrator shall 

8 make the request and accompanying information available 

9 by electronic means, including on the official public Inter10 net Web site of the Environmental Protection Agency. 

11 (d) This section shall be applied in a manner con12 sistent with United States obligations under international 

13 agreements. 

14 (e) The Administrator may retain up to 0.25 percent 

15 of the funds appropriated in this Act for the Clean and 

16 Drinking Water State Revolving Funds for carrying out 

17 the provisions described in subsection (a)(1) for manage18 ment and oversight of the requirements of this section. 

19 MIDWAY ISLAND

20 SEC. 424. None of the funds made available by this 

21 Act may be used to destroy any buildings or structures 

22 on Midway Island that have been recommended by the 

23 United States Navy for inclusion in the National Register 

24 of Historic Places (54 U.S.C. 302101). 


pbinns on DSK79D2C42PROD with BILLS
138 

HR 21 PCS 

1 JOHN F. KENNEDY CENTER REAUTHORIZATION

2 SEC. 425. Section 13 of the John F. Kennedy Center 

3 Act (20 U.S.C. 76r) is amended by striking subsections 

4 (a) and (b) and inserting the following: 

5 ‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.— 

6 There is authorized to be appropriated to the Board to 

7 carry out section 4(a)(1)(H), $24,490,000 for fiscal year 

8 2019. 

9 ‘‘(b) CAPITAL PROJECTS.—There is authorized to be 

10 appropriated to the Board to carry out subparagraphs (F) 

11 and (G) of section 4(a)(1), $16,800,000 for fiscal year 

12 2019.’’. 

13 LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANS14 FERS OF EXCESS EQUIPMENT AND SUPPLIES FOR

15 WILDFIRES

16 SEC. 426. The Secretary of the Interior is authorized 

17 to enter into grants and cooperative agreements with vol18 unteer fire departments, rural fire departments, rangeland 

19 fire protection associations, and similar organizations to 

20 provide for wildland fire training and equipment, including 

21 supplies and communication devices. Notwithstanding 

22 121(c) of title 40, United States Code, or section 521 of 

23 title 40, United States Code, the Secretary is further au24 thorized to transfer title to excess Department of the Inte25 rior firefighting equipment no longer needed to carry out 


pbinns on DSK79D2C42PROD with BILLS
139 

HR 21 PCS 

1 the functions of the Department’s wildland fire manage2 ment program to such organizations. 

3 INFRASTRUCTURE

4 SEC. 427. (a) For an additional amount for ‘‘Envi5 ronmental Protection Agency—Hazardous Substance 

6 Superfund’’, $43,000,000, of which $38,000,000 shall be 

7 for the Superfund Remedial program and $5,000,000 

8 shall be for the Superfund Emergency Response and Re9 moval program, to remain available until expended, con10 sisting of such sums as are available in the Trust Fund 

11 on September 30, 2018, as authorized by section 517(a) 

12 of the Superfund Amendments and Reauthorization Act 

13 of 1986 (SARA) and up to $43,000,000 as a payment 

14 from general revenues to the Hazardous Substance Super15 fund for purposes as authorized by section 517(b) of 

16 SARA. 

17 (b) For an additional amount for ‘‘Environmental 

18 Protection Agency—State and Tribal Assistance Grants,’’ 

19 for environmental programs and infrastructure assistance, 

20 including capitalization grants for State revolving funds 

21 and performance partnership grants, $670,000,000 to re22 main available until expended, of which— 

23 (1) $300,000,000 shall be for making capital24 ization grants for the Clean Water State Revolving 

25 Funds under title VI of the Federal Water Pollution 


pbinns on DSK79D2C42PROD with BILLS
140 

HR 21 PCS 

1 Control Act; and of which $300,000,000 shall be for 

2 making capitalization grants for the Drinking Water 

3 State Revolving Funds under section 1452 of the 

4 Safe Drinking Water Act; 

5 (2) $30,000,000 shall be for grants for small 

6 and disadvantaged communities authorized in sec7 tion 2104 of the Water Infrastructure Improvements 

8 for the Nation Act (Public Law 114–322); 

9 (3) $25,000,000 shall be for grants for lead 

10 testing in school and child care program drinking 

11 water authorized in section 2107 of the Water Infra12 structure Improvements for the Nation Act (Public 

13 Law 114–322); 

14 (4) $15,000,000 shall be for grants for reduc15 ing lead in drinking water authorized in section 

16 2105 of the Water Infrastructure Improvements for 

17 the Nation Act (Public Law 114–322). 

18 (c) For an additional amount for ‘‘Environmental 

19 Protection Agency—Water Infrastructure Finance and In20 novation Program Account’’, $53,000,000, to remain 

21 available until expended, for the cost of direct loans, for 

22 the cost of guaranteed loans, and for administrative ex23 penses to carry out the direct and guaranteed loan pro24 grams, of which $3,000,000, to remain available until Sep25 tember 30, 2020, may be used for such administrative exVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
141 

HR 21 PCS 

1 penses: Provided, That these additional funds are available 

2 to subsidize gross obligations for the principal amount of 

3 direct loans, including capitalized interest, and total loan 

4 principal, including capitalized interest, any part of which 

5 is to be guaranteed, not to exceed $6,100,000,000. 

6 POLICIES RELATING TO BIOMASS ENERGY

7 SEC. 428. To support the key role that forests in the 

8 United States can play in addressing the energy needs of 

9 the United States, the Secretary of Energy, the Secretary 

10 of Agriculture, and the Administrator of the Environ11 mental Protection Agency shall, consistent with their mis12 sions, jointly— 

13 (1) ensure that Federal policy relating to forest 

14 bioenergy— 

15 (A) is consistent across all Federal depart16 ments and agencies; and 

17 (B) recognizes the full benefits of the use 

18 of forest biomass for energy, conservation, and 

19 responsible forest management; and 

20 (2) establish clear and simple policies for the 

21 use of forest biomass as an energy solution, includ22 ing policies that— 

23 (A) reflect the carbon-neutrality of forest 

24 bioenergy and recognize biomass as a renewable 

25 energy source, provided the use of forest bioVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
142 

HR 21 PCS 

1 mass for energy production does not cause con2 version of forests to non-forest use; 

3 (B) encourage private investment through4 out the forest biomass supply chain, including 

5 in— 

6 (i) working forests; 

7 (ii) harvesting operations; 

8 (iii) forest improvement operations; 

9 (iv) forest bioenergy production; 

10 (v) wood products manufacturing; or 

11 (vi) paper manufacturing; 

12 (C) encourage forest management to im13 prove forest health; and 

14 (D) recognize State initiatives to produce 

15 and use forest biomass. 

16 CLARIFICATION OF EXEMPTIONS

17 SEC. 429. None of the funds made available in this 

18 Act may be used to require a permit for the discharge 

19 of dredged or fill material under the Federal Water Pollu20 tion Control Act (33 U.S.C. 1251 et seq.) for the activities 

21 identified in subparagraphs (A) and (C) of section 

22 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). 

23 SMALL REMOTE INCINERATORS

24 SEC. 430. None of the funds made available in this 

25 Act may be used to implement or enforce the regulation 


pbinns on DSK79D2C42PROD with BILLS
143 

HR 21 PCS 

1 issued on March 21, 2011 at 40 CFR part 60 subparts 

2 CCCC and DDDD with respect to units in the State of 

3 Alaska that are defined as ‘‘small, remote incinerator’’ 

4 units in those regulations and, until a subsequent regula5 tion is issued, the Administrator shall implement the law 

6 and regulations in effect prior to such date. 

7 RECREATION FEES

8 SEC. 431. Section 810 of the Federal Lands Recre9 ation Enhancement Act (16 U.S.C. 6809) shall be applied 

10 by substituting ‘‘October 1, 2020’’ for ‘‘September 30, 

11 2019’’. 

12 SEC. 432. (a) None of the funds appropriated or oth13 erwise made available under this Act may be used by the 

14 Department of the Interior, the Environmental Protection 

15 Agency, the Forest Service, the Indian Health Service, or 

16 the Smithsonian Institution to acquire telecommunications 

17 equipment produced by Huawei Technologies Company, 

18 ZTE Corporation or a high-impact or moderate-impact in19 formation system, as defined for security categorization in 

20 the National Institute of Standards and Technology’s 

21 (NIST) Federal Information Processing Standard Publi22 cation 199, ‘‘Standards for Security Categorization of 

23 Federal Information and Information Systems’’ unless the 

24 agency has— 


pbinns on DSK79D2C42PROD with BILLS
144 

HR 21 PCS 

1 (1) reviewed the supply chain risk for the infor2 mation systems against criteria developed by NIST 

3 to inform acquisition decisions for high-impact and 

4 moderate-impact information systems within the 

5 Federal Government; 

6 (2) reviewed the supply chain risk from the pre7 sumptive awardee against available and relevant 

8 threat information provided by the Federal Bureau 

9 of Investigation and other appropriate agencies; and 

10 (3) in consultation with the Federal Bureau of 

11 Investigation or other appropriate Federal entity, 

12 conducted an assessment of any risk of cyber-espio13 nage or sabotage associated with the acquisition of 

14 such system, including any risk associated with such 

15 system being produced, manufactured, or assembled 

16 by one or more entities identified by the United 

17 States Government as posing a cyber threat, includ18 ing but not limited to, those that may be owned, di19 rected, or subsidized by the People’s Republic of 

20 China, the Islamic Republic of Iran, the Democratic 

21 People’s Republic of Korea, or the Russian Federa22 tion. 

23 (b) None of the funds appropriated or otherwise 

24 made available under this Act may be used to acquire a 

25 high-impact or moderate impact information system reVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
145 

HR 21 PCS 

1 viewed and assessed under subsection (a) unless the head 

2 of the assessing entity described in subsection (a) has— 

3 (1) developed, in consultation with NIST and 

4 supply chain risk management experts, a mitigation 

5 strategy for any identified risks; 

6 (2) determined, in consultation with NIST and 

7 the Federal Bureau of Investigation, that the acqui8 sition of such system is in the vital national security 

9 interest of the United States; and 

10 (3) reported that determination to the Commit11 tees on Appropriations of the House of Representa12 tives and the Senate in a manner that identifies the 

13 system intended for acquisition and a detailed de14 scription of the mitigation strategies identified in 

15 (1), provided that such report may include a classi16 fied annex as necessary. 

17 SEC. 433. Within available funds, not later than 180 

18 days after the date of enactment of this Act, the Comp19 troller General of the United States shall issue a report 

20 on efforts by the Department of Housing and Urban De21 velopment and the Environmental Protection Agency re22 lating to the removal of lead-based paint and other haz23 ardous materials, which shall include— 


pbinns on DSK79D2C42PROD with BILLS
146 

HR 21 PCS 

1 (1) a description of direct removal efforts by 

2 the Department of Housing and Urban Development 

3 and the Environmental Protection Agency; 

4 (2) a description of education provided by the 

5 Department of Housing and Urban Development 

6 and the Environmental Protection Agency to other 

7 Federal agencies, local governments and commu8 nities, recipients of grants made by either entity, 

9 and the general public relating to the removal of 

10 lead-based paint and other hazardous materials; 

11 (3) a description of assistance received from 

12 other Federal agencies relating to the removal of 

13 lead-based paint and other hazardous materials; and 

14 (4) any best practices developed or provided by 

15 the Department of Housing and Urban Development 

16 and the Environmental Protection Agency relating 

17 to the removal of lead-based paint and other haz18 ardous materials. 

19 SEC. 434. (a) Within available funds for the National 

20 Forest System, the Secretary of Agriculture shall conduct 

21 an inventory and evaluation of certain land, as generally 

22 depicted on the map entitled ‘‘Flatside Wilderness Adja23 cent Inventory Areas’’ and dated November 30, 2017, to 

24 determine the suitability of that land for inclusion in the 

25 National Wilderness Preservation System. 


pbinns on DSK79D2C42PROD with BILLS
147 

HR 21 PCS 

1 (b) The Chief of the Forest Service shall submit to 

2 the Committees on Agriculture, Nutrition, and Forestry, 

3 Appropriations, and Energy and Natural Resources of the 

4 Senate the results of the inventory and evaluation required 

5 under subsection (a). 

6 ADDRESSING PEDIATRIC CANCER RATES IN THE UNITED

7 STATES

8 SEC. 435. (a) REPORT IDENTIFYING GEOGRAPHIC

9 VARIATION OF TYPES OF PEDIATRIC CANCER.—Using 

10 funds appropriated under the heading ‘‘Toxic Substances 

11 and Environmental Health’’ for the Agency for Toxic Sub12 stances and Disease Registry, the Secretary of Health and 

13 Human Services, not later than 180 days after the date 

14 of enactment of this Act, shall submit to the Committee 

15 on Health, Education, Labor, and Pensions of the Senate, 

16 the Committee on Appropriations of the Senate, the Com17 mittee on Energy and Commerce of the House of Rep18 resentatives, and the Committee on Appropriations of the 

19 House of Representatives, a report that provides details 

20 on the geographic variation in pediatric cancer incidence 

21 in the United States, including— 

22 (1) the types of pediatric cancer within each of 

23 the 10 States with the highest age-adjusted inci24 dence rate of cancer among persons aged 20 years 

25 or younger; 


pbinns on DSK79D2C42PROD with BILLS
148 

HR 21 PCS 

1 (2) geographic concentrations of types and 

2 prevalence of pediatric cancers within each such 

3 State, in accordance with Centers for Disease Con4 trol and Prevention guidelines; and 

5 (3) an update on current activities related to 

6 pediatric cancer, including with respect to carrying 

7 out section 399V–6 of the Public Health Service Act 

8 (42 U.S.C. 280g–17). 

9 (b) SUPPORT FOR STATES WITH HIGH INCIDENCE

10 OF PEDIATRIC CANCER.—Using funds appropriated under 

11 the heading ‘‘Toxic Substances and Environmental Public 

12 Health’’ for the Agency for Toxic Substances and Disease 

13 Registry, the Secretary of Health and Human Services 

14 may conduct public outreach, in collaboration with State 

15 departments of health, particularly in the 10 States with 

16 the highest age-adjusted incidence rate of cancer among 

17 persons aged 20 years or younger, to improve awareness 

18 by residents, clinicians, and others, as appropriate, of pos19 sible contributing factors to pediatric cancer, including en20 vironmental exposures, in a manner that is complementary 

21 of, and does not conflict with, ongoing pediatric cancer22 related activities supported by the Department of Health 

23 and Human Services. 

24 (c) PRIVACY.—The Secretary of Health and Human 

25 Services shall ensure that all information with respect to 


pbinns on DSK79D2C42PROD with BILLS
149 

HR 21 PCS 

1 patients that is contained in the reports under this section 

2 is de-identified and protects personal privacy of such pa3 tients in accordance with applicable Federal and State pri4 vacy law. 

5 This division may be cited as the ‘‘Department of the 

6 Interior, Environment, and Related Agencies Appropria7 tions Act, 2019’’. 

8 DIVISION B—FINANCIAL SERV9 ICES AND GENERAL GOVERN10 MENT APPROPRIATIONS ACT, 

11 2019 

12 That the following sums are appropriated, out of any 

13 money in the Treasury not otherwise appropriated, for fi14 nancial services and general government for the fiscal year 

15 ending September 30, 2019, and for other purposes, 

16 namely: 

17 TITLE I 

18 DEPARTMENT OF THE TREASURY 

19 DEPARTMENTAL OFFICES

20 SALARIES AND EXPENSES

21 For necessary expenses of the Departmental Offices 

22 including operation and maintenance of the Treasury 

23 Building and Freedman’s Bank Building; hire of pas24 senger motor vehicles; maintenance, repairs, and improve25 ments of, and purchase of commercial insurance policies 


pbinns on DSK79D2C42PROD with BILLS
150 

HR 21 PCS 

1 for, real properties leased or owned overseas, when nec2 essary for the performance of official business; executive 

3 direction program activities; international affairs and eco4 nomic policy activities; domestic finance and tax policy ac5 tivities, including technical assistance to Puerto Rico; and 

6 Treasury-wide management policies and programs activi7 ties, $208,751,000: Provided, That of the amount appro8 priated under this heading— 

9 (1) not to exceed $700,000 is for official recep10 tion and representation expenses, of which necessary 

11 amounts shall be available for expenses to support 

12 activities of the Financial Action Task Force, and 

13 not to exceed $350,000 shall be for other official re14 ception and representation expenses; 

15 (2) not to exceed $258,000 is for unforeseen 

16 emergencies of a confidential nature to be allocated 

17 and expended under the direction of the Secretary of 

18 the Treasury and to be accounted for solely on the 

19 Secretary’s certificate; and 

20 (3) not to exceed $24,000,000 shall remain 

21 available until September 30, 2020, for— 

22 (A) the Treasury-wide Financial Statement 

23 Audit and Internal Control Program; 

24 (B) information technology modernization 

25 requirements; 


pbinns on DSK79D2C42PROD with BILLS
151 

HR 21 PCS 

1 (C) the audit, oversight, and administra2 tion of the Gulf Coast Restoration Trust Fund; 

3 (D) the development and implementation 

4 of programs within the Office of Critical Infra5 structure Protection and Compliance Policy, in6 cluding entering into cooperative agreements; 

7 (E) operations and maintenance of facili8 ties; and 

9 (F) international operations. 

10 OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE

11 SALARIES AND EXPENSES

12 For the necessary expenses of the Office of Terrorism 

13 and Financial Intelligence to safeguard the financial sys14 tem against illicit use and to combat rogue nations, ter15 rorist facilitators, weapons of mass destruction 

16 proliferators, money launderers, drug kingpins, and other 

17 national security threats, $159,000,000: Provided, That of 

18 the amount appropriated under this heading: (1) up to 

19 $33,500,000 may be transferred to the Departmental Of20 fices Salaries and Expenses appropriation and shall be 

21 available for administrative support to the Office of Ter22 rorism and Financial Intelligence; and (2) up to 

23 $10,000,000 shall remain available until September 30, 

24 2020: Provided further, That of the amount appropriated 

25 under this heading, not less than $1,000,000 shall be used 


pbinns on DSK79D2C42PROD with BILLS
152 

HR 21 PCS 

1 to support and augment new and ongoing investigations 

2 into the illicit trade of synthetic opioids, particularly 

3 fentanyl and its analogues, originating from the People’s 

4 Republic of China: Provided further, That not later than 

5 180 days after the date of the enactment of this Act, the 

6 Secretary of the Treasury, in coordination with the Ad7 ministrator of the Drug Enforcement Administration and 

8 the heads of other Federal agencies, as appropriate, shall 

9 submit a comprehensive report (which shall be submitted 

10 in unclassified form, but may include a classified annex) 

11 summarizing efforts by actors in the People’s Republic of 

12 China to subvert United States laws and to supply illicit 

13 synthetic opioids to persons in the United States, includ14 ing up-to-date estimates of the scale of illicit synthetic 

15 opioids flows from the People’s Republic of China, to the 

16 Committee on Appropriations, the Committee on Home17 land Security, and the Committee on Financial Services 

18 of the House of Representatives and the Committee on 

19 Appropriations, the Committee on Homeland Security and 

20 Governmental Affairs, and the Committee on Banking, 

21 Housing, and Urban Affairs of the Senate. 

22 CYBERSECURITY ENHANCEMENT ACCOUNT

23 For salaries and expenses for enhanced cybersecurity 

24 for systems operated by the Department of the Treasury, 

25 $25,208,000, to remain available until September 30, 


pbinns on DSK79D2C42PROD with BILLS
153 

HR 21 PCS 

1 2021: Provided, That such funds shall supplement and not 

2 supplant any other amounts made available to the Treas3 ury offices and bureaus for cybersecurity: Provided fur4 ther, That the Chief Information Officer of the individual 

5 offices and bureaus shall submit a spend plan for each 

6 investment to the Treasury Chief Information Officer for 

7 approval: Provided further, That the submitted spend plan 

8 shall be reviewed and approved by the Treasury Chief In9 formation Officer prior to the obligation of funds under 

10 this heading: Provided further, That of the total amount 

11 made available under this heading $1,000,000 shall be 

12 available for administrative expenses for the Treasury 

13 Chief Information Officer to provide oversight of the in14 vestments made under this heading: Provided further, 

15 That such funds shall supplement and not supplant any 

16 other amounts made available to the Treasury Chief Infor17 mation Officer. 

18 DEPARTMENT-WIDE SYSTEMS AND CAPITAL

19 INVESTMENTS PROGRAMS

20 (INCLUDING TRANSFER OF FUNDS)

21 For development and acquisition of automatic data 

22 processing equipment, software, and services and for re23 pairs and renovations to buildings owned by the Depart24 ment of the Treasury, $4,000,000, to remain available 

25 until September 30, 2021: Provided, That these funds 


pbinns on DSK79D2C42PROD with BILLS
154 

HR 21 PCS 

1 shall be transferred to accounts and in amounts as nec2 essary to satisfy the requirements of the Department’s of3 fices, bureaus, and other organizations: Provided further, 

4 That this transfer authority shall be in addition to any 

5 other transfer authority provided in this Act: Provided fur6 ther, That none of the funds appropriated under this head7 ing shall be used to support or supplement ‘‘Internal Rev8 enue Service, Operations Support’’ or ‘‘Internal Revenue 

9 Service, Business Systems Modernization’’. 

10 OFFICE OF INSPECTOR GENERAL

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Inspector 

13 General in carrying out the provisions of the Inspector 

14 General Act of 1978, $37,044,000, including hire of pas15 senger motor vehicles; of which not to exceed $100,000 

16 shall be available for unforeseen emergencies of a con17 fidential nature, to be allocated and expended under the 

18 direction of the Inspector General of the Treasury; of 

19 which up to $2,800,000 to remain available until Sep20 tember 30, 2020, shall be for audits and investigations 

21 conducted pursuant to section 1608 of the Resources and 

22 Ecosystems Sustainability, Tourist Opportunities, and Re23 vived Economies of the Gulf Coast States Act of 2012 (33 

24 U.S.C. 1321 note); and of which not to exceed $1,000 


pbinns on DSK79D2C42PROD with BILLS
155 

HR 21 PCS 

1 shall be available for official reception and representation 

2 expenses. 

3 TREASURY INSPECTOR GENERAL FOR TAX

4 ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Treasury Inspector 

7 General for Tax Administration in carrying out the In8 spector General Act of 1978, as amended, including pur9 chase and hire of passenger motor vehicles (31 U.S.C. 

10 1343(b)); and services authorized by 5 U.S.C. 3109, at 

11 such rates as may be determined by the Inspector General 

12 for Tax Administration; $169,634,000, of which 

13 $5,000,000 shall remain available until September 30, 

14 2020; of which not to exceed $6,000,000 shall be available 

15 for official travel expenses; of which not to exceed 

16 $500,000 shall be available for unforeseen emergencies of 

17 a confidential nature, to be allocated and expended under 

18 the direction of the Inspector General for Tax Administra19 tion; and of which not to exceed $1,500 shall be available 

20 for official reception and representation expenses. 

21 SPECIAL INSPECTOR GENERAL FOR THE TROUBLED

22 ASSET RELIEF PROGRAM

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of the Special 

25 Inspector General in carrying out the provisions of the 


pbinns on DSK79D2C42PROD with BILLS
156 

HR 21 PCS 

1 Emergency Economic Stabilization Act of 2008 (Public 

2 Law 110–343), $17,500,000. 

3 FINANCIAL CRIMES ENFORCEMENT NETWORK

4 SALARIES AND EXPENSES

5 For necessary expenses of the Financial Crimes En6 forcement Network, including hire of passenger motor ve7 hicles; travel and training expenses of non-Federal and 

8 foreign government personnel to attend meetings and 

9 training concerned with domestic and foreign financial in10 telligence activities, law enforcement, and financial regula11 tion; services authorized by 5 U.S.C. 3109; not to exceed 

12 $10,000 for official reception and representation expenses; 

13 and for assistance to Federal law enforcement agencies, 

14 with or without reimbursement, $117,800,000, of which 

15 not to exceed $34,335,000 shall remain available until 

16 September 30, 2021. 

17 BUREAU OF THE FISCAL SERVICE

18 SALARIES AND EXPENSES

19 For necessary expenses of operations of the Bureau 

20 of the Fiscal Service, $338,280,000; of which not to ex21 ceed $4,210,000, to remain available until September 30, 

22 2021, is for information systems modernization initiatives; 

23 and of which $5,000 shall be available for official reception 

24 and representation expenses. 


pbinns on DSK79D2C42PROD with BILLS
157 

HR 21 PCS 

1 In addition, $165,000, to be derived from the Oil 

2 Spill Liability Trust Fund to reimburse administrative 

3 and personnel expenses for financial management of the 

4 Fund, as authorized by section 1012 of Public Law 101– 

5 380. 

6 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

7 SALARIES AND EXPENSES

8 For necessary expenses of carrying out section 1111 

9 of the Homeland Security Act of 2002, including hire of 

10 passenger motor vehicles, $111,439,000; of which not to 

11 exceed $6,000 for official reception and representation ex12 penses; not to exceed $50,000 for cooperative research and 

13 development programs for laboratory services; and provi14 sion of laboratory assistance to State and local agencies 

15 with or without reimbursement: Provided, That of the 

16 amount appropriated under this heading, $5,000,000 shall 

17 be for the costs of accelerating the processing of formula 

18 and label applications: Provided further, That of the 

19 amount appropriated under this heading, $5,000,000, to 

20 remain available until September 30, 2020. 

21 UNITED STATES MINT

22 UNITED STATES MINT PUBLIC ENTERPRISE FUND

23 Pursuant to section 5136 of title 31, United States 

24 Code, the United States Mint is provided funding through 

25 the United States Mint Public Enterprise Fund for costs 


pbinns on DSK79D2C42PROD with BILLS
158 

HR 21 PCS 

1 associated with the production of circulating coins, numis2 matic coins, and protective services, including both oper3 ating expenses and capital investments: Provided, That 

4 the aggregate amount of new liabilities and obligations in5 curred during fiscal year 2019 under such section 5136 

6 for circulating coinage and protective service capital in7 vestments of the United States Mint shall not exceed 

8 $30,000,000. 

9 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

10 FUND PROGRAM ACCOUNT

11 To carry out the Riegle Community Development and 

12 Regulatory Improvements Act of 1994 (subtitle A of title 

13 I of Public Law 103–325), including services authorized 

14 by section 3109 of title 5, United States Code, but at rates 

15 for individuals not to exceed the per diem rate equivalent 

16 to the rate for EX–3, $250,000,000. Of the amount ap17 propriated under this heading— 

18 (1) not less than $182,000,000, notwith19 standing section 108(e) of Public Law 103–325 (12 

20 U.S.C. 4707(e)) with regard to Small and/or Emerg21 ing Community Development Financial Institutions 

22 Assistance awards, is available until September 30, 

23 2020, for financial assistance and technical assist24 ance under subparagraphs (A) and (B) of section 

25 108(a)(1), respectively, of Public Law 103–325 (12 


pbinns on DSK79D2C42PROD with BILLS
159 

HR 21 PCS 

1 U.S.C. 4707(a)(1)(A) and (B)), of which up to 

2 $2,680,000 may be used for the cost of direct loans: 

3 Provided, That the cost of direct and guaranteed 

4 loans, including the cost of modifying such loans, 

5 shall be as defined in section 502 of the Congres6 sional Budget Act of 1974: Provided further, That 

7 these funds are available to subsidize gross obliga8 tions for the principal amount of direct loans not to 

9 exceed $25,000,000; 

10 (2) not less than $16,000,000, notwithstanding 

11 section 108(e) of Public Law 103–325 (12 U.S.C. 

12 4707(e)), is available until September 30, 2020, for 

13 financial assistance, technical assistance, training, 

14 and outreach programs designed to benefit Native 

15 American, Native Hawaiian, and Alaska Native com16 munities and provided primarily through qualified 

17 community development lender organizations with 

18 experience and expertise in community development 

19 banking and lending in Indian country, Native 

20 American organizations, tribes and tribal organiza21 tions, and other suitable providers; 

22 (3) not less than $25,000,000 is available until 

23 September 30, 2020, for the Bank Enterprise Award 

24 program; 


pbinns on DSK79D2C42PROD with BILLS
160 

HR 21 PCS 

1 (4) up to $27,000,000 is available until Sep2 tember 30, 2019, for administrative expenses, in3 cluding administration of CDFI fund programs and 

4 the New Markets Tax Credit Program, of which not 

5 less than $1,000,000 is for development of tools to 

6 better assess and inform CDFI investment perform7 ance, and up to $300,000 is for administrative ex8 penses to carry out the direct loan program; and 

9 (5) during fiscal year 2019, none of the funds 

10 available under this heading are available for the 

11 cost, as defined in section 502 of the Congressional 

12 Budget Act of 1974, of commitments to guarantee 

13 bonds and notes under section 114A of the Riegle 

14 Community Development and Regulatory Improve15 ment Act of 1994 (12 U.S.C. 4713a): Provided, 

16 That commitments to guarantee bonds and notes 

17 under such section 114A shall not exceed 

18 $500,000,000: Provided further, That such section 

19 114A shall remain in effect until December 31, 

20 2019: Provided further, That of the funds awarded 

21 under this heading, not less than 10 percent shall be 

22 used for awards that support investments that serve 

23 populations living in persistent poverty counties: 

24 Provided further, That for the purposes of this sec25 tion, the term ‘‘persistent poverty counties’’ means 


pbinns on DSK79D2C42PROD with BILLS
161 

HR 21 PCS 

1 any county that has had 20 percent or more of its 

2 population living in poverty over the past 30 years, 

3 as measured by the 1990 and 2000 decennial cen4 suses and the 2011–2015 5-year data series avail5 able from the American Community Survey of the 

6 Census Bureau. 

7 INTERNAL REVENUE SERVICE

8 TAXPAYER SERVICES

9 For necessary expenses of the Internal Revenue Serv10 ice to provide taxpayer services, including pre-filing assist11 ance and education, filing and account services, taxpayer 

12 advocacy services, and other services as authorized by 5 

13 U.S.C. 3109, at such rates as may be determined by the 

14 Commissioner, $2,506,554,000, of which not less than 

15 $9,890,000 shall be for the Tax Counseling for the Elderly 

16 Program, of which not less than $12,000,000 shall be 

17 available for low-income taxpayer clinic grants, of which 

18 not less than $20,000,000, to remain available until Sep19 tember 30, 2020, shall be available for a Community Vol20 unteer Income Tax Assistance matching grants program 

21 for tax return preparation assistance, and of which not 

22 less than $206,000,000 shall be available for operating ex23 penses of the Taxpayer Advocate Service: Provided, That 

24 of the amounts made available for the Taxpayer Advocate 


pbinns on DSK79D2C42PROD with BILLS
162 

HR 21 PCS 

1 Service, not less than $5,500,000 shall be for identity 

2 theft and refund fraud casework. 

3 ENFORCEMENT

4 For necessary expenses for tax enforcement activities 

5 of the Internal Revenue Service to determine and collect 

6 owed taxes, to provide legal and litigation support, to con7 duct criminal investigations, to enforce criminal statutes 

8 related to violations of internal revenue laws and other fi9 nancial crimes, to purchase and hire passenger motor vehi10 cles (31 U.S.C. 1343(b)), and to provide other services 

11 as authorized by 5 U.S.C. 3109, at such rates as may be 

12 determined by the Commissioner, $4,860,000,000, of 

13 which not to exceed $50,000,000 shall remain available 

14 until September 30, 2020, and of which not less than 

15 $60,257,000 shall be for the Interagency Crime and Drug 

16 Enforcement program. 

17 OPERATIONS SUPPORT

18 For necessary expenses of the Internal Revenue Serv19 ice to support taxpayer services and enforcement pro20 grams, including rent payments; facilities services; print21 ing; postage; physical security; headquarters and other 

22 IRS-wide administration activities; research and statistics 

23 of income; telecommunications; information technology de24 velopment, enhancement, operations, maintenance, and se25 curity; the hire of passenger motor vehicles (31 U.S.C. 


pbinns on DSK79D2C42PROD with BILLS
163 

HR 21 PCS 

1 1343(b)); the operations of the Internal Revenue Service 

2 Oversight Board; and other services as authorized by 5 

3 U.S.C. 3109, at such rates as may be determined by the 

4 Commissioner; $3,709,000,000, of which not to exceed 

5 $50,000,000 shall remain available until September 30, 

6 2020; of which not to exceed $10,000,000 shall remain 

7 available until expended for acquisition of equipment and 

8 construction, repair and renovation of facilities; of which 

9 not to exceed $1,000,000 shall remain available until Sep10 tember 30, 2021, for research; of which not to exceed 

11 $20,000 shall be for official reception and representation 

12 expenses: Provided, That not later than 30 days after the 

13 end of each quarter, the Internal Revenue Service shall 

14 submit a report to the Committees on Appropriations of 

15 the House of Representatives and the Senate and the 

16 Comptroller General of the United States detailing the 

17 cost and schedule performance for its major information 

18 technology investments, including the purpose and life19 cycle stages of the investments; the reasons for any cost 

20 and schedule variances; the risks of such investments and 

21 strategies the Internal Revenue Service is using to miti22 gate such risks; and the expected developmental mile23 stones to be achieved and costs to be incurred in the next 

24 quarter: Provided further, That the Internal Revenue Serv25 ice shall include, in its budget justification for fiscal year 


pbinns on DSK79D2C42PROD with BILLS
164 

HR 21 PCS 

1 2020, a summary of cost and schedule performance infor2 mation for its major information technology systems. 

3 BUSINESS SYSTEMS MODERNIZATION

4 For necessary expenses of the Internal Revenue Serv5 ice’s business systems modernization program, 

6 $110,000,000, to remain available until September 30, 

7 2021, for the capital asset acquisition of information tech8 nology systems, including management and related con9 tractual costs of said acquisitions, including related Inter10 nal Revenue Service labor costs, and contractual costs as11 sociated with operations authorized by 5 U.S.C. 3109: 

12 Provided, That not later than 30 days after the end of 

13 each quarter, the Internal Revenue Service shall submit 

14 a report to the Committees on Appropriations of the 

15 House of Representatives and the Senate and the Comp16 troller General of the United States detailing the cost and 

17 schedule performance for major information technology in18 vestments, including the purposes and life-cycle stages of 

19 the investments; the reasons for any cost and schedule 

20 variances; the risks of such investments and the strategies 

21 the Internal Revenue Service is using to mitigate such 

22 risks; and the expected developmental milestones to be 

23 achieved and costs to be incurred in the next quarter. 


pbinns on DSK79D2C42PROD with BILLS
165 

HR 21 PCS 

1 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

2 SERVICE

3 (INCLUDING TRANSFERS OF FUNDS)

4 SEC. 101. Not to exceed 5 percent of any appropria5 tion made available in this Act to the Internal Revenue 

6 Service may be transferred to any other Internal Revenue 

7 Service appropriation upon the advance approval of the 

8 Committees on Appropriations. 

9 SEC. 102. The Internal Revenue Service shall main10 tain an employee training program, which shall include the 

11 following topics: taxpayers’ rights, dealing courteously 

12 with taxpayers, cross-cultural relations, ethics, and the im13 partial application of tax law. 

14 SEC. 103. The Internal Revenue Service shall insti15 tute and enforce policies and procedures that will safe16 guard the confidentiality of taxpayer information and pro17 tect taxpayers against identity theft. 

18 SEC. 104. Funds made available by this or any other 

19 Act to the Internal Revenue Service shall be available for 

20 improved facilities and increased staffing to provide suffi21 cient and effective 1–800 help line service for taxpayers. 

22 The Commissioner shall continue to make improvements 

23 to the Internal Revenue Service 1–800 help line service 

24 a priority and allocate resources necessary to enhance the 


pbinns on DSK79D2C42PROD with BILLS
166 

HR 21 PCS 

1 response time to taxpayer communications, particularly 

2 with regard to victims of tax-related crimes. 

3 SEC. 105. None of the funds made available to the 

4 Internal Revenue Service by this Act may be used to make 

5 a video unless the Service-Wide Video Editorial Board de6 termines in advance that making the video is appropriate, 

7 taking into account the cost, topic, tone, and purpose of 

8 the video. 

9 SEC. 106. The Internal Revenue Service shall issue 

10 a notice of confirmation of any address change relating 

11 to an employer making employment tax payments, and 

12 such notice shall be sent to both the employer’s former 

13 and new address and an officer or employee of the Internal 

14 Revenue Service shall give special consideration to an 

15 offer-in-compromise from a taxpayer who has been the vic16 tim of fraud by a third party payroll tax preparer. 

17 SEC. 107. None of the funds made available under 

18 this Act may be used by the Internal Revenue Service to 

19 target citizens of the United States for exercising any 

20 right guaranteed under the First Amendment to the Con21 stitution of the United States. 

22 SEC. 108. None of the funds made available in this 

23 Act may be used by the Internal Revenue Service to target 

24 groups for regulatory scrutiny based on their ideological 

25 beliefs. 


pbinns on DSK79D2C42PROD with BILLS
167 

HR 21 PCS 

1 SEC. 109. None of funds made available by this Act 

2 to the Internal Revenue Service shall be obligated or ex3 pended on conferences that do not adhere to the proce4 dures, verification processes, documentation requirements, 

5 and policies issued by the Chief Financial Officer, Human 

6 Capital Office, and Agency-Wide Shared Services as a re7 sult of the recommendations in the report published on 

8 May 31, 2013, by the Treasury Inspector General for Tax 

9 Administration entitled ‘‘Review of the August 2010 Small 

10 Business/Self-Employed Division’s Conference in Ana11 heim, California’’ (Reference Number 2013–10–037). 

12 SEC. 110. None of the funds made available in this 

13 Act to the Internal Revenue Service may be obligated or 

14 expended— 

15 (1) to make a payment to any employee under 

16 a bonus, award, or recognition program; or 

17 (2) under any hiring or personnel selection 

18 process with respect to re-hiring a former employee, 

19 unless such program or process takes into account 

20 the conduct and Federal tax compliance of such em21 ployee or former employee. 

22 SEC. 111. None of the funds made available by this 

23 Act may be used in contravention of section 6103 of the 

24 Internal Revenue Code of 1986 (relating to confidentiality 

25 and disclosure of returns and return information). 


pbinns on DSK79D2C42PROD with BILLS
168 

HR 21 PCS 

1 SEC. 112. Except to the extent provided in section 

2 6014, 6020, or 6201(d) of the Internal Revenue Code of 

3 1986, no funds in this or any other Act shall be available 

4 to the Secretary of the Treasury to provide to any person 

5 a proposed final return or statement for use by such per6 son to satisfy a filing or reporting requirement under such 

7 Code. 

8 SEC. 113. In addition to the amounts otherwise made 

9 available in this Act for the Internal Revenue Service, 

10 $77,000,000, to be available until September 30, 2020, 

11 shall be transferred by the Commissioner to the ‘‘Tax12 payer Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ 

13 accounts of the Internal Revenue Service for an additional 

14 amount to be used solely for carrying out Public Law 115– 

15 97: Provided, That such funds shall not be available until 

16 the Commissioner submits to the Committees on Appro17 priations of the House of Representatives and the Senate 

18 a spending plan for such funds. 

19 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE

20 TREASURY

21 (INCLUDING TRANSFERS OF FUNDS)

22 SEC. 114. Appropriations to the Department of the 

23 Treasury in this Act shall be available for uniforms or al24 lowances therefor, as authorized by law (5 U.S.C. 5901), 

25 including maintenance, repairs, and cleaning; purchase of 


pbinns on DSK79D2C42PROD with BILLS
169 

HR 21 PCS 

1 insurance for official motor vehicles operated in foreign 

2 countries; purchase of motor vehicles without regard to the 

3 general purchase price limitations for vehicles purchased 

4 and used overseas for the current fiscal year; entering into 

5 contracts with the Department of State for the furnishing 

6 of health and medical services to employees and their de7 pendents serving in foreign countries; and services author8 ized by 5 U.S.C. 3109. 

9 SEC. 115. Not to exceed 2 percent of any appropria10 tions in this title made available under the headings ‘‘De11 partmental Offices—Salaries and Expenses’’, ‘‘Office of 

12 Terrorism and Financial Intelligence’’, ‘‘Office of Inspec13 tor General’’, ‘‘Special Inspector General for the Troubled 

14 Asset Relief Program’’, ‘‘Financial Crimes Enforcement 

15 Network’’, ‘‘Bureau of the Fiscal Service’’, and ‘‘Alcohol 

16 and Tobacco Tax and Trade Bureau’’ may be transferred 

17 between such appropriations upon the advance approval 

18 of the Committees on Appropriations of the House of Rep19 resentatives and the Senate: Provided, That no transfer 

20 under this section may increase or decrease any such ap21 propriation by more than 2 percent. 

22 SEC. 116. Not to exceed 2 percent of any appropria23 tion made available in this Act to the Internal Revenue 

24 Service may be transferred to the Treasury Inspector Gen25 eral for Tax Administration’s appropriation upon the adVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
170 

HR 21 PCS 

1 vance approval of the Committees on Appropriations of 

2 the House of Representatives and the Senate: Provided, 

3 That no transfer may increase or decrease any such appro4 priation by more than 2 percent. 

5 SEC. 117. None of the funds appropriated in this Act 

6 or otherwise available to the Department of the Treasury 

7 or the Bureau of Engraving and Printing may be used 

8 to redesign the $1 Federal Reserve note. 

9 SEC. 118. The Secretary of the Treasury may trans10 fer funds from the ‘‘Bureau of the Fiscal Service-Salaries 

11 and Expenses’’ to the Debt Collection Fund as necessary 

12 to cover the costs of debt collection: Provided, That such 

13 amounts shall be reimbursed to such salaries and expenses 

14 account from debt collections received in the Debt Collec15 tion Fund. 

16 SEC. 119. None of the funds appropriated or other17 wise made available by this or any other Act may be used 

18 by the United States Mint to construct or operate any mu19 seum without the explicit approval of the Committees on 

20 Appropriations of the House of Representatives and the 

21 Senate, the House Committee on Financial Services, and 

22 the Senate Committee on Banking, Housing, and Urban 

23 Affairs. 

24 SEC. 120. None of the funds appropriated or other25 wise made available by this or any other Act or source 


pbinns on DSK79D2C42PROD with BILLS
171 

HR 21 PCS 

1 to the Department of the Treasury, the Bureau of Engrav2 ing and Printing, and the United States Mint, individually 

3 or collectively, may be used to consolidate any or all func4 tions of the Bureau of Engraving and Printing and the 

5 United States Mint without the explicit approval of the 

6 House Committee on Financial Services; the Senate Com7 mittee on Banking, Housing, and Urban Affairs; and the 

8 Committees on Appropriations of the House of Represent9 atives and the Senate. 

10 SEC. 121. Funds appropriated by this Act, or made 

11 available by the transfer of funds in this Act, for the De12 partment of the Treasury’s intelligence or intelligence re13 lated activities are deemed to be specifically authorized by 

14 the Congress for purposes of section 504 of the National 

15 Security Act of 1947 (50 U.S.C. 414) during fiscal year 

16 2019 until the enactment of the Intelligence Authorization 

17 Act for Fiscal Year 2019. 

18 SEC. 122. Not to exceed $5,000 shall be made avail19 able from the Bureau of Engraving and Printing’s Indus20 trial Revolving Fund for necessary official reception and 

21 representation expenses. 

22 SEC. 123. The Secretary of the Treasury shall submit 

23 a Capital Investment Plan to the Committees on Appro24 priations of the Senate and the House of Representatives 

25 not later than 30 days following the submission of the anVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
172 

HR 21 PCS 

1 nual budget submitted by the President: Provided, That 

2 such Capital Investment Plan shall include capital invest3 ment spending from all accounts within the Department 

4 of the Treasury, including but not limited to the Depart5 ment-wide Systems and Capital Investment Programs ac6 count, Treasury Franchise Fund account, and the Treas7 ury Forfeiture Fund account: Provided further, That such 

8 Capital Investment Plan shall include expenditures occur9 ring in previous fiscal years for each capital investment 

10 project that has not been fully completed. 

11 SEC. 124. Within 45 days after the date of enactment 

12 of this Act, the Secretary of the Treasury shall submit 

13 an itemized report to the Committees on Appropriations 

14 of the House of Representatives and the Senate on the 

15 amount of total funds charged to each office by the Fran16 chise Fund including the amount charged for each service 

17 provided by the Franchise Fund to each office, a detailed 

18 description of the services, a detailed explanation of how 

19 each charge for each service is calculated, and a descrip20 tion of the role customers have in governing in the Fran21 chise Fund. 

22 SEC. 125. During fiscal year 2019— 

23 (1) none of the funds made available in this or 

24 any other Act may be used by the Department of 

25 the Treasury, including the Internal Revenue ServVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
173 

HR 21 PCS 

1 ice, to issue, revise, or finalize any regulation, rev2 enue ruling, or other guidance not limited to a par3 ticular taxpayer relating to the standard which is 

4 used to determine whether an organization is oper5 ated exclusively for the promotion of social welfare 

6 for purposes of section 501(c)(4) of the Internal 

7 Revenue Code of 1986 (including the proposed regu8 lations published at 78 Fed. Reg. 71535 (November 

9 29, 2013)); and 

10 (2) the standard and definitions as in effect on 

11 January 1, 2010, which are used to make such de12 terminations shall apply after the date of the enact13 ment of this Act for purposes of determining status 

14 under section 501(c)(4) of such Code of organiza15 tions created on, before, or after such date. 

16 SEC. 126. (a) Not later than 60 days after the end 

17 of each quarter, the Office of Financial Stability and the 

18 Office of Financial Research shall submit reports on their 

19 activities to the Committees on Appropriations of the 

20 House of Representatives and the Senate, the Committee 

21 on Financial Services of the House of Representatives and 

22 the Senate Committee on Banking, Housing, and Urban 

23 Affairs. 

24 (b) The reports required under subsection (a) shall 

25 include— 


pbinns on DSK79D2C42PROD with BILLS
174 

HR 21 PCS 

1 (1) the obligations made during the previous 

2 quarter by object class, office, and activity; 

3 (2) the estimated obligations for the remainder 

4 of the fiscal year by object class, office, and activity; 

5 (3) the number of full-time equivalents within 

6 each office during the previous quarter; 

7 (4) the estimated number of full-time equiva8 lents within each office for the remainder of the fis9 cal year; and 

10 (5) actions taken to achieve the goals, objec11 tives, and performance measures of each office. 

12 (c) At the request of any such Committees specified 

13 in subsection (a), the Office of Financial Stability and the 

14 Office of Financial Research shall make officials available 

15 to testify on the contents of the reports required under 

16 subsection (a). 

17 SEC. 127. Amounts made available under the heading 

18 ‘‘Office of Terrorism and Financial Intelligence’’ shall be 

19 available to reimburse the ‘‘Departmental Offices—Sala20 ries and Expenses’’ account for expenses incurred in such 

21 account for reception and representation expenses to sup22 port activities of the Financial Action Task Force. 

23 SEC. 128. Amounts in the Bureau of Engraving and 

24 Printing Fund may be used for the acquisition of necVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
175 

HR 21 PCS 

1 essary land for, and construction of, a replacement cur2 rency production facility. 

3 SEC. 129. Not later than 180 days after the date of 

4 enactment of this Act, the Financial Crimes Enforcement 

5 Network and the appropriate divisions of the Department 

6 of the Treasury shall submit to Congress a report on any 

7 Geographic Targeting Orders issued since 2016, includ8 ing— 

9 (1) the type of data collected; 

10 (2) how the Financial Crimes Enforcement Net11 work uses the data; 

12 (3) whether the Financial Crimes Enforcement 

13 Network needs more authority to combat money 

14 laundering through high-end real estate; 

15 (4) how a record of beneficial ownership would 

16 improve and assist law enforcement efforts to inves17 tigate and prosecute criminal activity and prevent 

18 the use of shell companies to facilitate money laun19 dering, tax evasion, terrorism financing, election 

20 fraud, and other illegal activity; and 

21 (5) the feasibility of implementing Geographic 

22 Targeting Orders on a permanent basis on all real 

23 estate transactions in the United States greater than 

24 $300,000. 


pbinns on DSK79D2C42PROD with BILLS
176 

HR 21 PCS 

1 This title may be cited as the ‘‘Department of the 

2 Treasury Appropriations Act, 2019’’. 

3 TITLE II 

4 EXECUTIVE OFFICE OF THE PRESIDENT AND 

5 FUNDS APPROPRIATED TO THE PRESIDENT 

6 THE WHITE HOUSE

7 SALARIES AND EXPENSES

8 For necessary expenses for the White House as au9 thorized by law, including not to exceed $3,850,000 for 

10 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; 

11 subsistence expenses as authorized by 3 U.S.C. 105, which 

12 shall be expended and accounted for as provided in that 

13 section; hire of passenger motor vehicles, and travel (not 

14 to exceed $100,000 to be expended and accounted for as 

15 provided by 3 U.S.C. 103); and not to exceed $19,000 for 

16 official reception and representation expenses, to be avail17 able for allocation within the Executive Office of the Presi18 dent; and for necessary expenses of the Office of Policy 

19 Development, including services as authorized by 5 U.S.C. 

20 3109 and 3 U.S.C. 107, $55,000,000. 

21 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

22 OPERATING EXPENSES

23 For necessary expenses of the Executive Residence 

24 at the White House, $13,081,000, to be expended and acVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
177 

HR 21 PCS 

1 counted for as provided by 3 U.S.C. 105, 109, 110, and 

2 112–114. 

3 REIMBURSABLE EXPENSES

4 For the reimbursable expenses of the Executive Resi5 dence at the White House, such sums as may be nec6 essary: Provided, That all reimbursable operating expenses 

7 of the Executive Residence shall be made in accordance 

8 with the provisions of this paragraph: Provided further, 

9 That, notwithstanding any other provision of law, such 

10 amount for reimbursable operating expenses shall be the 

11 exclusive authority of the Executive Residence to incur ob12 ligations and to receive offsetting collections, for such ex13 penses: Provided further, That the Executive Residence 

14 shall require each person sponsoring a reimbursable polit15 ical event to pay in advance an amount equal to the esti16 mated cost of the event, and all such advance payments 

17 shall be credited to this account and remain available until 

18 expended: Provided further, That the Executive Residence 

19 shall require the national committee of the political party 

20 of the President to maintain on deposit $25,000, to be 

21 separately accounted for and available for expenses relat22 ing to reimbursable political events sponsored by such 

23 committee during such fiscal year: Provided further, That 

24 the Executive Residence shall ensure that a written notice 

25 of any amount owed for a reimbursable operating expense 


pbinns on DSK79D2C42PROD with BILLS
178 

HR 21 PCS 

1 under this paragraph is submitted to the person owing 

2 such amount within 60 days after such expense is in3 curred, and that such amount is collected within 30 days 

4 after the submission of such notice: Provided further, That 

5 the Executive Residence shall charge interest and assess 

6 penalties and other charges on any such amount that is 

7 not reimbursed within such 30 days, in accordance with 

8 the interest and penalty provisions applicable to an out9 standing debt on a United States Government claim under 

10 31 U.S.C. 3717: Provided further, That each such amount 

11 that is reimbursed, and any accompanying interest and 

12 charges, shall be deposited in the Treasury as miscella13 neous receipts: Provided further, That the Executive Resi14 dence shall prepare and submit to the Committees on Ap15 propriations, by not later than 90 days after the end of 

16 the fiscal year covered by this Act, a report setting forth 

17 the reimbursable operating expenses of the Executive Res18 idence during the preceding fiscal year, including the total 

19 amount of such expenses, the amount of such total that 

20 consists of reimbursable official and ceremonial events, the 

21 amount of such total that consists of reimbursable political 

22 events, and the portion of each such amount that has been 

23 reimbursed as of the date of the report: Provided further, 

24 That the Executive Residence shall maintain a system for 

25 the tracking of expenses related to reimbursable events 


pbinns on DSK79D2C42PROD with BILLS
179 

HR 21 PCS 

1 within the Executive Residence that includes a standard 

2 for the classification of any such expense as political or 

3 nonpolitical: Provided further, That no provision of this 

4 paragraph may be construed to exempt the Executive Res5 idence from any other applicable requirement of sub6 chapter I or II of chapter 37 of title 31, United States 

7 Code. 

8 WHITE HOUSE REPAIR AND RESTORATION

9 For the repair, alteration, and improvement of the 

10 Executive Residence at the White House pursuant to 3 

11 U.S.C. 105(d), $750,000, to remain available until ex12 pended, for required maintenance, resolution of safety and 

13 health issues, and continued preventative maintenance. 

14 COUNCIL OF ECONOMIC ADVISERS

15 SALARIES AND EXPENSES

16 For necessary expenses of the Council of Economic 

17 Advisers in carrying out its functions under the Employ18 ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,187,000. 

19 NATIONAL SECURITY COUNCIL AND HOMELAND

20 SECURITY COUNCIL

21 SALARIES AND EXPENSES

22 For necessary expenses of the National Security 

23 Council and the Homeland Security Council, including 

24 services as authorized by 5 U.S.C. 3109, $11,800,000. 


pbinns on DSK79D2C42PROD with BILLS
180 

HR 21 PCS 

1 OFFICE OF ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Administra4 tion, including services as authorized by 5 U.S.C. 3109 

5 and 3 U.S.C. 107, and hire of passenger motor vehicles, 

6 $100,000,000, of which not to exceed $12,800,000 shall 

7 remain available until expended for continued moderniza8 tion of information resources within the Executive Office 

9 of the President. 

10 OFFICE OF MANAGEMENT AND BUDGET

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Management 

13 and Budget, including hire of passenger motor vehicles 

14 and services as authorized by 5 U.S.C. 3109, to carry out 

15 the provisions of chapter 35 of title 44, United States 

16 Code, and to prepare and submit the budget of the United 

17 States Government, in accordance with section 1105(a) of 

18 title 31, United States Code, $101,000,000, of which not 

19 to exceed $3,000 shall be available for official representa20 tion expenses: Provided, That none of the funds appro21 priated in this Act for the Office of Management and 

22 Budget may be used for the purpose of reviewing any agri23 cultural marketing orders or any activities or regulations 

24 under the provisions of the Agricultural Marketing Agree25 ment Act of 1937 (7 U.S.C. 601 et seq.): Provided further, 


pbinns on DSK79D2C42PROD with BILLS
181 

HR 21 PCS 

1 That none of the funds made available for the Office of 

2 Management and Budget by this Act may be expended for 

3 the altering of the transcript of actual testimony of wit4 nesses, except for testimony of officials of the Office of 

5 Management and Budget, before the Committees on Ap6 propriations or their subcommittees: Provided further, 

7 That none of the funds made available for the Office of 

8 Management and Budget by this Act may be expended for 

9 the altering of the annual work plan developed by the 

10 Corps of Engineers for submission to the Committees on 

11 Appropriations: Provided further, That of the funds made 

12 available for the Office of Management and Budget by this 

13 Act, no less than three full-time equivalent senior staff po14 sition shall be dedicated solely to the Office of the Intellec15 tual Property Enforcement Coordinator: Provided further, 

16 That none of the funds provided in this or prior Acts shall 

17 be used, directly or indirectly, by the Office of Manage18 ment and Budget, for evaluating or determining if water 

19 resource project or study reports submitted by the Chief 

20 of Engineers acting through the Secretary of the Army 

21 are in compliance with all applicable laws, regulations, and 

22 requirements relevant to the Civil Works water resource 

23 planning process: Provided further, That the Office of 

24 Management and Budget shall have not more than 60 

25 days in which to perform budgetary policy reviews of water 


pbinns on DSK79D2C42PROD with BILLS
182 

HR 21 PCS 

1 resource matters on which the Chief of Engineers has re2 ported: Provided further, That the Director of the Office 

3 of Management and Budget shall notify the appropriate 

4 authorizing and appropriating committees when the 60- 

5 day review is initiated: Provided further, That if water re6 source reports have not been transmitted to the appro7 priate authorizing and appropriating committees within 

8 15 days after the end of the Office of Management and 

9 Budget review period based on the notification from the 

10 Director, Congress shall assume Office of Management 

11 and Budget concurrence with the report and act accord12 ingly. 

13 In addition, $2,000,000 for the Office of Information 

14 and Regulatory Affairs to hire additional personnel dedi15 cated to regulatory review and reforms: Provided, That 

16 these amounts shall be in addition to any other amounts 

17 available for such purpose: Provided further, That these 

18 funds may not be used to backfill vacancies. 

19 OFFICE OF NATIONAL DRUG CONTROL POLICY

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of National 

22 Drug Control Policy; for research activities pursuant to 

23 the Office of National Drug Control Policy Reauthoriza24 tion Act of 2006 (Public Law 109–469); not to exceed 

25 $10,000 for official reception and representation expenses; 


pbinns on DSK79D2C42PROD with BILLS
183 

HR 21 PCS 

1 and for participation in joint projects or in the provision 

2 of services on matters of mutual interest with nonprofit, 

3 research, or public organizations or agencies, with or with4 out reimbursement, $18,400,000: Provided, That the Of5 fice is authorized to accept, hold, administer, and utilize 

6 gifts, both real and personal, public and private, without 

7 fiscal year limitation, for the purpose of aiding or facili8 tating the work of the Office. 

9 FEDERAL DRUG CONTROL PROGRAMS

10 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

11 (INCLUDING TRANSFERS OF FUNDS)

12 For necessary expenses of the Office of National 

13 Drug Control Policy’s High Intensity Drug Trafficking 

14 Areas Program, $280,000,000, to remain available until 

15 September 30, 2020, for drug control activities consistent 

16 with the approved strategy for each of the designated 

17 High Intensity Drug Trafficking Areas (‘‘HIDTAs’’), of 

18 which not less than 51 percent shall be transferred to 

19 State and local entities for drug control activities and shall 

20 be obligated not later than 120 days after enactment of 

21 this Act: Provided, That up to 49 percent may be trans22 ferred to Federal agencies and departments in amounts 

23 determined by the Director of the Office of National Drug 

24 Control Policy, of which up to $2,700,000 may be used 

25 for auditing services and associated activities: Provided 


pbinns on DSK79D2C42PROD with BILLS
184 

HR 21 PCS 

1 further, That, notwithstanding the requirements of Public 

2 Law 106–58, any unexpended funds obligated prior to fis3 cal year 2017 may be used for any other approved activi4 ties of that HIDTA, subject to reprogramming require5 ments: Provided further, That each HIDTA designated as 

6 of September 30, 2018, shall be funded at not less than 

7 the fiscal year 2018 base level, unless the Director submits 

8 to the Committees on Appropriations of the House of Rep9 resentatives and the Senate justification for changes to 

10 those levels based on clearly articulated priorities and pub11 lished Office of National Drug Control Policy performance 

12 measures of effectiveness: Provided further, That the Di13 rector shall notify the Committees on Appropriations of 

14 the initial allocation of fiscal year 2019 funding among 

15 HIDTAs not later than 45 days after enactment of this 

16 Act, and shall notify the Committees of planned uses of 

17 discretionary HIDTA funding, as determined in consulta18 tion with the HIDTA Directors, not later than 90 days 

19 after enactment of this Act: Provided further, That upon 

20 a determination that all or part of the funds so transferred 

21 from this appropriation are not necessary for the purposes 

22 provided herein and upon notification to the Committees 

23 on Appropriations of the House of Representatives and the 

24 Senate, such amounts may be transferred back to this ap25 propriation. 


pbinns on DSK79D2C42PROD with BILLS
185 

HR 21 PCS 

1 OTHER FEDERAL DRUG CONTROL PROGRAMS

2 (INCLUDING TRANSFERS OF FUNDS)

3 For other drug control activities authorized by the 

4 Office of National Drug Control Policy Reauthorization 

5 Act of 2006 (Public Law 109–469), $117,327,000, to re6 main available until expended, which shall be available as 

7 follows: $99,000,000 for the Drug-Free Communities Pro8 gram, of which $2,000,000 shall be made available as di9 rected by section 4 of Public Law 107–82, as amended 

10 by Public Law 109–469 (21 U.S.C. 1521 note); 

11 $2,000,000 for drug court training and technical assist12 ance; $9,500,000 for anti-doping activities; $2,577,000 for 

13 the United States membership dues to the World Anti14 Doping Agency; and $1,250,000 shall be made available 

15 as directed by section 1105 of Public Law 109–469; and 

16 $3,000,000, to remain available until expended, shall be 

17 for activities authorized by section 103 of Public Law 

18 114–198: Provided, That amounts made available under 

19 this heading may be transferred to other Federal depart20 ments and agencies to carry out such activities. 

21 UNANTICIPATED NEEDS

22 For expenses necessary to enable the President to 

23 meet unanticipated needs, in furtherance of the national 

24 interest, security, or defense which may arise at home or 

25 abroad during the current fiscal year, as authorized by 


pbinns on DSK79D2C42PROD with BILLS
186 

HR 21 PCS 

1 3 U.S.C. 108, $1,000,000, to remain available until Sep2 tember 30, 2020. 

3 INFORMATION TECHNOLOGY OVERSIGHT AND REFORM

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses for the furtherance of inte6 grated, efficient, secure, and effective uses of information 

7 technology in the Federal Government, $19,000,000, to 

8 remain available until expended: Provided, That the Direc9 tor of the Office of Management and Budget may transfer 

10 these funds to one or more other agencies to carry out 

11 projects to meet these purposes. 

12 SPECIAL ASSISTANCE TO THE PRESIDENT

13 SALARIES AND EXPENSES

14 For necessary expenses to enable the Vice President 

15 to provide assistance to the President in connection with 

16 specially assigned functions; services as authorized by 5 

17 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex18 penses as authorized by 3 U.S.C. 106, which shall be ex19 pended and accounted for as provided in that section; and 

20 hire of passenger motor vehicles, $4,288,000. 

21 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

22 OPERATING EXPENSES

23 (INCLUDING TRANSFER OF FUNDS)

24 For the care, operation, refurnishing, improvement, 

25 and to the extent not otherwise provided for, heating and 


pbinns on DSK79D2C42PROD with BILLS
187 

HR 21 PCS 

1 lighting, including electric power and fixtures, of the offi2 cial residence of the Vice President; the hire of passenger 

3 motor vehicles; and not to exceed $90,000 pursuant to 3 

4 U.S.C. 106(b)(2), $302,000: Provided, That advances, re5 payments, or transfers from this appropriation may be 

6 made to any department or agency for expenses of car7 rying out such activities. 

8 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF

9 THE PRESIDENT AND FUNDS APPROPRIATED TO

10 THE PRESIDENT

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 201. From funds made available in this Act 

13 under the headings ‘‘The White House’’, ‘‘Executive Resi14 dence at the White House’’, ‘‘White House Repair and 

15 Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National 

16 Security Council and Homeland Security Council’’, ‘‘Of17 fice of Administration’’, ‘‘Special Assistance to the Presi18 dent’’, and ‘‘Official Residence of the Vice President’’, the 

19 Director of the Office of Management and Budget (or 

20 such other officer as the President may designate in writ21 ing), may, with advance approval of the Committees on 

22 Appropriations of the House of Representatives and the 

23 Senate, transfer not to exceed 10 percent of any such ap24 propriation to any other such appropriation, to be merged 

25 with and available for the same time and for the same 


pbinns on DSK79D2C42PROD with BILLS
188 

HR 21 PCS 

1 purposes as the appropriation to which transferred: Pro2 vided, That the amount of an appropriation shall not be 

3 increased by more than 50 percent by such transfers: Pro4 vided further, That no amount shall be transferred from 

5 ‘‘Special Assistance to the President’’ or ‘‘Official Resi6 dence of the Vice President’’ without the approval of the 

7 Vice President. 

8 SEC. 202. (a) During fiscal year 2019, any Executive 

9 order or Presidential memorandum issued or revoked by 

10 the President shall be accompanied by a written statement 

11 from the Director of the Office of Management and Budg12 et on the budgetary impact, including costs, benefits, and 

13 revenues, of such order or memorandum. 

14 (b) Any such statement shall include— 

15 (1) a narrative summary of the budgetary im16 pact of such order or memorandum on the Federal 

17 Government; 

18 (2) the impact on mandatory and discretionary 

19 obligations and outlays as the result of such order 

20 or memorandum, listed by Federal agency, for each 

21 year in the 5-fiscal-year period beginning in fiscal 

22 year 2019; and 

23 (3) the impact on revenues of the Federal Gov24 ernment as the result of such order or memorandum 


pbinns on DSK79D2C42PROD with BILLS
189 

HR 21 PCS 

1 over the 5-fiscal-year period beginning in fiscal year 

2 2019. 

3 (c) If an Executive order or Presidential memo4 randum is issued during fiscal year 2019 due to a national 

5 emergency, the Director of the Office of Management and 

6 Budget may issue the statement required by subsection 

7 (a) not later than 15 days after the date that such order 

8 or memorandum is issued. 

9 (d) The requirement for cost estimates for Presi10 dential memoranda shall only apply for Presidential 

11 memoranda estimated to have a regulatory cost in excess 

12 of $100,000,000. 

13 This title may be cited as the ‘‘Executive Office of 

14 the President Appropriations Act, 2019’’. 

15 TITLE III 

16 THE JUDICIARY 

17 SUPREME COURT OF THE UNITED STATES

18 SALARIES AND EXPENSES

19 For expenses necessary for the operation of the Su20 preme Court, as required by law, excluding care of the 

21 building and grounds, including hire of passenger motor 

22 vehicles as authorized by 31 U.S.C. 1343 and 1344; not 

23 to exceed $10,000 for official reception and representation 

24 expenses; and for miscellaneous expenses, to be expended 


pbinns on DSK79D2C42PROD with BILLS
190 

HR 21 PCS 

1 as the Chief Justice may approve, $84,703,000, of which 

2 $1,500,000 shall remain available until expended. 

3 In addition, there are appropriated such sums as may 

4 be necessary under current law for the salaries of the chief 

5 justice and associate justices of the court. 

6 CARE OF THE BUILDING AND GROUNDS

7 For such expenditures as may be necessary to enable 

8 the Architect of the Capitol to carry out the duties im9 posed upon the Architect by 40 U.S.C. 6111 and 6112, 

10 $15,999,000, to remain available until expended. 

11 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

12 CIRCUIT

13 SALARIES AND EXPENSES

14 For salaries of officers and employees, and for nec15 essary expenses of the court, as authorized by law, 

16 $32,016,000. 

17 In addition, there are appropriated such sums as may 

18 be necessary under current law for the salaries of the chief 

19 judge and judges of the court. 

20 UNITED STATES COURT OF INTERNATIONAL TRADE

21 SALARIES AND EXPENSES

22 For salaries of officers and employees of the court, 

23 services, and necessary expenses of the court, as author24 ized by law, $19,450,000. 


pbinns on DSK79D2C42PROD with BILLS
191 

HR 21 PCS 

1 In addition, there are appropriated such sums as may 

2 be necessary under current law for the salaries of the chief 

3 judge and judges of the court. 

4 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

5 JUDICIAL SERVICES

6 SALARIES AND EXPENSES

7 For the salaries of judges of the United States Court 

8 of Federal Claims, magistrate judges, and all other offi9 cers and employees of the Federal Judiciary not otherwise 

10 specifically provided for, necessary expenses of the courts, 

11 and the purchase, rental, repair, and cleaning of uniforms 

12 for Probation and Pretrial Services Office staff, as author13 ized by law, $5,154,461,000 (including the purchase of 

14 firearms and ammunition); of which not to exceed 

15 $27,817,000 shall remain available until expended for 

16 space alteration projects and for furniture and furnishings 

17 related to new space alteration and construction projects. 

18 In addition, there are appropriated such sums as may 

19 be necessary under current law for the salaries of circuit 

20 and district judges (including judges of the territorial 

21 courts of the United States), bankruptcy judges, and jus22 tices and judges retired from office or from regular active 

23 service. 

24 In addition, for expenses of the United States Court 

25 of Federal Claims associated with processing cases under 


pbinns on DSK79D2C42PROD with BILLS
192 

HR 21 PCS 

1 the National Childhood Vaccine Injury Act of 1986 (Pub2 lic Law 99–660), not to exceed $8,475,000, to be appro3 priated from the Vaccine Injury Compensation Trust 

4 Fund. 

5 DEFENDER SERVICES

6 For the operation of Federal Defender organizations; 

7 the compensation and reimbursement of expenses of attor8 neys appointed to represent persons under 18 U.S.C. 

9 3006A and 3599, and for the compensation and reim10 bursement of expenses of persons furnishing investigative, 

11 expert, and other services for such representations as au12 thorized by law; the compensation (in accordance with the 

13 maximums under 18 U.S.C. 3006A) and reimbursement 

14 of expenses of attorneys appointed to assist the court in 

15 criminal cases where the defendant has waived representa16 tion by counsel; the compensation and reimbursement of 

17 expenses of attorneys appointed to represent jurors in civil 

18 actions for the protection of their employment, as author19 ized by 28 U.S.C. 1875(d)(1); the compensation and reim20 bursement of expenses of attorneys appointed under 18 

21 U.S.C. 983(b)(1) in connection with certain judicial civil 

22 forfeiture proceedings; the compensation and reimburse23 ment of travel expenses of guardians ad litem appointed 

24 under 18 U.S.C. 4100(b); and for necessary training and 


pbinns on DSK79D2C42PROD with BILLS
193 

HR 21 PCS 

1 general administrative expenses, $1,140,846,000 to re2 main available until expended. 

3 FEES OF JURORS AND COMMISSIONERS

4 For fees and expenses of jurors as authorized by 28 

5 U.S.C. 1871 and 1876; compensation of jury commis6 sioners as authorized by 28 U.S.C. 1863; and compensa7 tion of commissioners appointed in condemnation cases 

8 pursuant to rule 71.1(h) of the Federal Rules of Civil Pro9 cedure (28 U.S.C. Appendix Rule 71.1(h)), $49,750,000, 

10 to remain available until expended: Provided, That the 

11 compensation of land commissioners shall not exceed the 

12 daily equivalent of the highest rate payable under 5 U.S.C. 

13 5332. 

14 COURT SECURITY

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses, not otherwise provided for, 

17 incident to the provision of protective guard services for 

18 United States courthouses and other facilities housing 

19 Federal court operations, and the procurement, installa20 tion, and maintenance of security systems and equipment 

21 for United States courthouses and other facilities housing 

22 Federal court operations, including building ingress-egress 

23 control, inspection of mail and packages, directed security 

24 patrols, perimeter security, basic security services provided 

25 by the Federal Protective Service, and other similar activiVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
194 

HR 21 PCS 

1 ties as authorized by section 1010 of the Judicial Improve2 ment and Access to Justice Act (Public Law 100–702), 

3 $604,460,000, of which not to exceed $20,000,000 shall 

4 remain available until expended, to be expended directly 

5 or transferred to the United States Marshals Service, 

6 which shall be responsible for administering the Judicial 

7 Facility Security Program consistent with standards or 

8 guidelines agreed to by the Director of the Administrative 

9 Office of the United States Courts and the Attorney Gen10 eral. 

11 ADMINISTRATIVE OFFICE OF THE UNITED STATES

12 COURTS

13 SALARIES AND EXPENSES

14 For necessary expenses of the Administrative Office 

15 of the United States Courts as authorized by law, includ16 ing travel as authorized by 31 U.S.C. 1345, hire of a pas17 senger motor vehicle as authorized by 31 U.S.C. 1343(b), 

18 advertising and rent in the District of Columbia and else19 where, $92,413,000, of which not to exceed $8,500 is au20 thorized for official reception and representation expenses. 

21 FEDERAL JUDICIAL CENTER

22 SALARIES AND EXPENSES

23 For necessary expenses of the Federal Judicial Cen24 ter, as authorized by Public Law 90–219, $29,819,000; 

25 of which $1,800,000 shall remain available through SepVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
195 

HR 21 PCS 

1 tember 30, 2020, to provide education and training to 

2 Federal court personnel; and of which not to exceed 

3 $1,500 is authorized for official reception and representa4 tion expenses. 

5 UNITED STATES SENTENCING COMMISSION

6 SALARIES AND EXPENSES

7 For the salaries and expenses necessary to carry out 

8 the provisions of chapter 58 of title 28, United States 

9 Code, $18,548,000, of which not to exceed $1,000 is au10 thorized for official reception and representation expenses. 

11 ADMINISTRATIVE PROVISIONS—THE JUDICIARY

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 301. Appropriations and authorizations made in 

14 this title which are available for salaries and expenses shall 

15 be available for services as authorized by 5 U.S.C. 3109. 

16 SEC. 302. Not to exceed 5 percent of any appropria17 tion made available for the current fiscal year for the Judi18 ciary in this Act may be transferred between such appro19 priations, but no such appropriation, except ‘‘Courts of 

20 Appeals, District Courts, and Other Judicial Services, De21 fender Services’’ and ‘‘Courts of Appeals, District Courts, 

22 and Other Judicial Services, Fees of Jurors and Commis23 sioners’’, shall be increased by more than 10 percent by 

24 any such transfers: Provided, That any transfer pursuant 

25 to this section shall be treated as a reprogramming of 


pbinns on DSK79D2C42PROD with BILLS
196 

HR 21 PCS 

1 funds under sections 604 and 608 of this Act and shall 

2 not be available for obligation or expenditure except in 

3 compliance with the procedures set forth in section 608. 

4 SEC. 303. Notwithstanding any other provision of 

5 law, the salaries and expenses appropriation for ‘‘Courts 

6 of Appeals, District Courts, and Other Judicial Services’’ 

7 shall be available for official reception and representation 

8 expenses of the Judicial Conference of the United States: 

9 Provided, That such available funds shall not exceed 

10 $11,000 and shall be administered by the Director of the 

11 Administrative Office of the United States Courts in the 

12 capacity as Secretary of the Judicial Conference. 

13 SEC. 304. Section 3315(a) of title 40, United States 

14 Code, shall be applied by substituting ‘‘Federal’’ for ‘‘exec15 utive’’ each place it appears. 

16 SEC. 305. In accordance with 28 U.S.C. 561–569, 

17 and notwithstanding any other provision of law, the 

18 United States Marshals Service shall provide, for such 

19 courthouses as its Director may designate in consultation 

20 with the Director of the Administrative Office of the 

21 United States Courts, for purposes of a pilot program, the 

22 security services that 40 U.S.C. 1315 authorizes the De23 partment of Homeland Security to provide, except for the 

24 services specified in 40 U.S.C. 1315(b)(2)(E). For build25 ing-specific security services at these courthouses, the DiVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
197 

HR 21 PCS 

1 rector of the Administrative Office of the United States 

2 Courts shall reimburse the United States Marshals Service 

3 rather than the Department of Homeland Security. 

4 SEC. 306. (a) Section 203(c) of the Judicial Improve5 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 

6 note), is amended in the matter following paragraph 12— 

7 (1) in the second sentence (relating to the Dis8 trict of Kansas), by striking ‘‘27 years and 6 

9 months’’ and inserting ‘‘28 years and 6 months’’; 

10 and 

11 (2) in the sixth sentence (relating to the Dis12 trict of Hawaii), by striking ‘‘24 years and 6 

13 months’’ and inserting ‘‘25 years and 6 months’’. 

14 (b) Section 406 of the Transportation, Treasury, 

15 Housing and Urban Development, the Judiciary, the Dis16 trict of Columbia, and Independent Agencies Appropria17 tions Act, 2006 (Public Law 109–115; 119 Stat. 2470; 

18 28 U.S.C. 133 note) is amended in the second sentence 

19 (relating to the eastern District of Missouri) by striking 

20 ‘‘25 years and 6 months’’ and inserting ‘‘26 years and 

21 6 months’’. 

22 (c) Section 312(c)(2) of the 21st Century Depart23 ment of Justice Appropriations Authorization Act (Public 

24 Law 107–273; 28 U.S.C. 133 note), is amended— 


pbinns on DSK79D2C42PROD with BILLS
198 

HR 21 PCS 

1 (1) in the first sentence by striking ‘‘16 years’’ 

2 and inserting ‘‘17 years’’; 

3 (2) in the second sentence (relating to the cen4 tral District of California), by striking ‘‘15 years 

5 and 6 months’’ and inserting ‘‘16 years and 6 

6 months’’; and 

7 (3) in the third sentence (relating to the west8 ern district of North Carolina), by striking ‘‘14 

9 years’’ and inserting ‘‘15 years’’. 

10 This title may be cited as the ‘‘Judiciary Appropria11 tions Act, 2019’’. 

12 TITLE IV 

13 DISTRICT OF COLUMBIA 

14 FEDERAL FUNDS

15 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

16 For a Federal payment to the District of Columbia, 

17 to be deposited into a dedicated account, for a nationwide 

18 program to be administered by the Mayor, for District of 

19 Columbia resident tuition support, $30,000,000, to remain 

20 available until expended: Provided, That such funds, in21 cluding any interest accrued thereon, may be used on be22 half of eligible District of Columbia residents to pay an 

23 amount based upon the difference between in-State and 

24 out-of-State tuition at public institutions of higher edu25 cation, or to pay up to $2,500 each year at eligible private 


pbinns on DSK79D2C42PROD with BILLS
199 

HR 21 PCS 

1 institutions of higher education: Provided further, That the 

2 awarding of such funds may be prioritized on the basis 

3 of a resident’s academic merit, the income and need of 

4 eligible students and such other factors as may be author5 ized: Provided further, That the District of Columbia gov6 ernment shall maintain a dedicated account for the Resi7 dent Tuition Support Program that shall consist of the 

8 Federal funds appropriated to the Program in this Act 

9 and any subsequent appropriations, any unobligated bal10 ances from prior fiscal years, and any interest earned in 

11 this or any fiscal year: Provided further, That the account 

12 shall be under the control of the District of Columbia 

13 Chief Financial Officer, who shall use those funds solely 

14 for the purposes of carrying out the Resident Tuition Sup15 port Program: Provided further, That the Office of the 

16 Chief Financial Officer shall provide a quarterly financial 

17 report to the Committees on Appropriations of the House 

18 of Representatives and the Senate for these funds show19 ing, by object class, the expenditures made and the pur20 pose therefor. 

21 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND

22 SECURITY COSTS IN THE DISTRICT OF COLUMBIA

23 For a Federal payment of necessary expenses, as de24 termined by the Mayor of the District of Columbia in writ25 ten consultation with the elected county or city officials 


pbinns on DSK79D2C42PROD with BILLS
200 

HR 21 PCS 

1 of surrounding jurisdictions, $12,000,000, to remain 

2 available until expended, for the costs of providing public 

3 safety at events related to the presence of the National 

4 Capital in the District of Columbia, including support re5 quested by the Director of the United States Secret Serv6 ice in carrying out protective duties under the direction 

7 of the Secretary of Homeland Security, and for the costs 

8 of providing support to respond to immediate and specific 

9 terrorist threats or attacks in the District of Columbia or 

10 surrounding jurisdictions. 

11 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

12 COURTS

13 For salaries and expenses for the District of Colum14 bia Courts, $244,939,000 to be allocated as follows: for 

15 the District of Columbia Court of Appeals, $13,379,000, 

16 of which not to exceed $2,500 is for official reception and 

17 representation expenses; for the Superior Court of the 

18 District of Columbia, $121,251,000, of which not to ex19 ceed $2,500 is for official reception and representation ex20 penses; for the District of Columbia Court System, 

21 $71,909,000, of which not to exceed $2,500 is for official 

22 reception and representation expenses; and $38,400,000, 

23 to remain available until September 30, 2020, for capital 

24 improvements for District of Columbia courthouse facili25 ties: Provided, That funds made available for capital imVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
201 

HR 21 PCS 

1 provements shall be expended consistent with the District 

2 of Columbia Courts master plan study and facilities condi3 tion assessment: Provided further, That notwithstanding 

4 any other provision of law, all amounts under this heading 

5 shall be apportioned quarterly by the Office of Manage6 ment and Budget and obligated and expended in the same 

7 manner as funds appropriated for salaries and expenses 

8 of other Federal agencies: Provided further, That 30 days 

9 after providing written notice to the Committees on Ap10 propriations of the House of Representatives and the Sen11 ate, the District of Columbia Courts may reallocate not 

12 more than $9,000,000 of the funds provided under this 

13 heading among the items and entities funded under this 

14 heading: Provided further, That the Joint Committee on 

15 Judicial Administration in the District of Columbia may, 

16 by regulation, establish a program substantially similar to 

17 the program set forth in subchapter II of chapter 35 of 

18 title 5, United States Code, for employees of the District 

19 of Columbia Courts. 

20 FEDERAL PAYMENT FOR DEFENDER SERVICES IN

21 DISTRICT OF COLUMBIA COURTS

22 (INCLUDING TRANSFER OF FUNDS)

23 For payments authorized under section 11–2604 and 

24 section 11–2605, D.C. Official Code (relating to represen25 tation provided under the District of Columbia Criminal 


pbinns on DSK79D2C42PROD with BILLS
202 

HR 21 PCS 

1 Justice Act), payments for counsel appointed in pro2 ceedings in the Family Court of the Superior Court of the 

3 District of Columbia under chapter 23 of title 16, D.C. 

4 Official Code, or pursuant to contractual agreements to 

5 provide guardian ad litem representation, training, tech6 nical assistance, and such other services as are necessary 

7 to improve the quality of guardian ad litem representation, 

8 payments for counsel appointed in adoption proceedings 

9 under chapter 3 of title 16, D.C. Official Code, and pay10 ments authorized under section 21–2060, D.C. Official 

11 Code (relating to services provided under the District of 

12 Columbia Guardianship, Protective Proceedings, and Du13 rable Power of Attorney Act of 1986), $46,005,000, to 

14 remain available until expended: Provided, That not more 

15 than $20,000,000 in unobligated funds provided in this 

16 account may be transferred to and merged with funds 

17 made available under the heading ‘‘Federal Payment to 

18 the District of Columbia Courts,’’ to be available for the 

19 same period and purposes as funds made available under 

20 that heading for capital improvements to District of Co21 lumbia courthouse facilities: Provided further, That funds 

22 provided under this heading shall be administered by the 

23 Joint Committee on Judicial Administration in the Dis24 trict of Columbia: Provided further, That, notwithstanding 

25 any other provision of law, this appropriation shall be apVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
203 

HR 21 PCS 

1 portioned quarterly by the Office of Management and 

2 Budget and obligated and expended in the same manner 

3 as funds appropriated for expenses of other Federal agen4 cies. 

5 FEDERAL PAYMENT TO THE COURT SERVICES AND OF6 FENDER SUPERVISION AGENCY FOR THE DISTRICT

7 OF COLUMBIA

8 For salaries and expenses, including the transfer and 

9 hire of motor vehicles, of the Court Services and Offender 

10 Supervision Agency for the District of Columbia, as au11 thorized by the National Capital Revitalization and Self12 Government Improvement Act of 1997, $256,724,000, of 

13 which not to exceed $2,000 is for official reception and 

14 representation expenses related to Community Supervision 

15 and Pretrial Services Agency programs, and of which not 

16 to exceed $25,000 is for dues and assessments relating 

17 to the implementation of the Court Services and Offender 

18 Supervision Agency Interstate Supervision Act of 2002: 

19 Provided, That, of the funds appropriated under this head20 ing, $183,166,000 shall be for necessary expenses of Com21 munity Supervision and Sex Offender Registration, to in22 clude expenses relating to the supervision of adults subject 

23 to protection orders or the provision of services for or re24 lated to such persons, of which $5,919,000 shall remain 

25 available until September 30, 2021 for costs associated 


pbinns on DSK79D2C42PROD with BILLS
204 

HR 21 PCS 

1 with relocation under a replacement lease for headquarters 

2 offices, field offices, and related facilities: Provided further, 

3 That, of the funds appropriated under this heading, 

4 $73,558,000 shall be available to the Pretrial Services 

5 Agency, of which $7,304,000 shall remain available until 

6 September 30, 2021 for costs associated with relocation 

7 under a replacement lease for headquarters offices, field 

8 offices, and related facilities: Provided further, That not9 withstanding any other provision of law, all amounts 

10 under this heading shall be apportioned quarterly by the 

11 Office of Management and Budget and obligated and ex12 pended in the same manner as funds appropriated for sal13 aries and expenses of other Federal agencies: Provided fur14 ther, That amounts under this heading may be used for 

15 programmatic incentives for defendants to successfully 

16 complete their terms of supervision. 

17 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

18 PUBLIC DEFENDER SERVICE

19 For salaries and expenses, including the transfer and 

20 hire of motor vehicles, of the District of Columbia Public 

21 Defender Service, as authorized by the National Capital 

22 Revitalization and Self-Government Improvement Act of 

23 1997, $45,858,000, of which $4,471,000 shall be available 

24 until September 30, 2021 for costs associated with reloca25 tion under a replacement lease for headquarters offices, 


pbinns on DSK79D2C42PROD with BILLS
205 

HR 21 PCS 

1 field offices, and related facilities: Provided, That notwith2 standing any other provision of law, all amounts under 

3 this heading shall be apportioned quarterly by the Office 

4 of Management and Budget and obligated and expended 

5 in the same manner as funds appropriated for salaries and 

6 expenses of Federal agencies. 

7 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE

8 COORDINATING COUNCIL

9 For a Federal payment to the Criminal Justice Co10 ordinating Council, $2,150,000, to remain available until 

11 expended, to support initiatives related to the coordination 

12 of Federal and local criminal justice resources in the Dis13 trict of Columbia. 

14 FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

15 For a Federal payment, to remain available until 

16 September 30, 2020, to the Commission on Judicial Dis17 abilities and Tenure, $295,000, and for the Judicial Nomi18 nation Commission, $270,000. 

19 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

20 For a Federal payment for a school improvement pro21 gram in the District of Columbia, $52,500,000, to remain 

22 available until expended, for payments authorized under 

23 the Scholarship for Opportunity and Results Act (division 

24 C of Public Law 112–10): Provided, That, to the extent 

25 that funds are available for opportunity scholarships and 


pbinns on DSK79D2C42PROD with BILLS
206 

HR 21 PCS 

1 following the priorities included in section 3006 of such 

2 Act, the Secretary of Education shall make scholarships 

3 available to students eligible under section 3013(3) of such 

4 Act (Public Law 112–10; 125 Stat. 211) including stu5 dents who were not offered a scholarship during any pre6 vious school year: Provided further, That within funds pro7 vided for opportunity scholarships up to $1,200,000 shall 

8 be for the activities specified in sections 3007(b) through 

9 3007(d) of the Act and up to $500,000 shall be for the 

10 activities specified in section 3009 of the Act. 

11 FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA

12 NATIONAL GUARD

13 For a Federal payment to the District of Columbia 

14 National Guard, $435,000, to remain available until ex15 pended for the Major General David F. Wherley, Jr. Dis16 trict of Columbia National Guard Retention and College 

17 Access Program. 

18 FEDERAL PAYMENT FOR TESTING AND TREATMENT OF

19 HIV/AIDS

20 For a Federal payment to the District of Columbia 

21 for the testing of individuals for, and the treatment of in22 dividuals with, human immunodeficiency virus and ac23 quired immunodeficiency syndrome in the District of Co24 lumbia, $2,000,000. 


pbinns on DSK79D2C42PROD with BILLS
207 

HR 21 PCS 

1 DISTRICT OF COLUMBIA FUNDS

2 Local funds are appropriated for the District of Co3 lumbia for the current fiscal year out of the General Fund 

4 of the District of Columbia (‘‘General Fund’’) for pro5 grams and activities set forth under the heading ‘‘PART

6 A—SUMMARY OF EXPENSES’’ and at the rate set forth 

7 under such heading, as included in the Fiscal Year 2019 

8 Budget Request Act of 2018 submitted to Congress by 

9 the District of Columbia, as amended as of the date of 

10 enactment of this Act: Provided, That notwithstanding 

11 any other provision of law, except as provided in section 

12 450A of the District of Columbia Home Rule Act (section 

13 1–204.50a, D.C. Official Code), sections 816 and 817 of 

14 the Financial Services and General Government Appro15 priations Act, 2009 (secs. 47–369.01 and 47–369.02, D.C. 

16 Official Code), and provisions of this Act, the total amount 

17 appropriated in this Act for operating expenses for the 

18 District of Columbia for fiscal year 2019 under this head19 ing shall not exceed the estimates included in the Fiscal 

20 Year 2019 Budget Request Act of 2018 submitted to Con21 gress by the District of Columbia, as amended as of the 

22 date of enactment of this Act or the sum of the total reve23 nues of the District of Columbia for such fiscal year: Pro24 vided further, That the amount appropriated may be in25 creased by proceeds of one-time transactions, which are 


pbinns on DSK79D2C42PROD with BILLS
208 

HR 21 PCS 

1 expended for emergency or unanticipated operating or 

2 capital needs: Provided further, That such increases shall 

3 be approved by enactment of local District law and shall 

4 comply with all reserve requirements contained in the Dis5 trict of Columbia Home Rule Act: Provided further, That 

6 the Chief Financial Officer of the District of Columbia 

7 shall take such steps as are necessary to assure that the 

8 District of Columbia meets these requirements, including 

9 the apportioning by the Chief Financial Officer of the ap10 propriations and funds made available to the District dur11 ing fiscal year 2019, except that the Chief Financial Offi12 cer may not reprogram for operating expenses any funds 

13 derived from bonds, notes, or other obligations issued for 

14 capital projects. 

15 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

16 WATER AND SEWER AUTHORITY

17 For a Federal payment to the District of Columbia 

18 Water and Sewer Authority, $10,000,000, to remain avail19 able until expended, to continue implementation of the 

20 Combined Sewer Overflow Long-Term Plan: Provided, 

21 That the District of Columbia Water and Sewer Authority 

22 provides a 100 percent match for this payment. 

23 This title may be cited as the ‘‘District of Columbia 

24 Appropriations Act, 2019’’. 


pbinns on DSK79D2C42PROD with BILLS
209 

HR 21 PCS 

1 TITLE V 

2 INDEPENDENT AGENCIES 

3 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

4 SALARIES AND EXPENSES

5 For necessary expenses of the Administrative Con6 ference of the United States, authorized by 5 U.S.C. 591 

7 et seq., $3,100,000, to remain available until September 

8 30, 2020, of which not to exceed $1,000 is for official re9 ception and representation expenses. 

10 COMMODITY FUTURES TRADING COMMISSION

11 For necessary expenses to carry out the provisions 

12 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in13 cluding the purchase and hire of passenger motor vehicles, 

14 and the rental of space (to include multiple year leases), 

15 in the District of Columbia and elsewhere, $281,500,000, 

16 including not to exceed $3,000 for official reception and 

17 representation expenses, and not to exceed $25,000 for the 

18 expenses for consultations and meetings hosted by the 

19 Commission with foreign governmental and other regu20 latory officials, of which not less than $57,000,000, to re21 main available until September 30, 2020, shall be for the 

22 purchase of information technology and of which not less 

23 than $3,302,509 shall be for expenses of the Office of the 

24 Inspector General: Provided, That notwithstanding the 

25 limitations in 31 U.S.C. 1553, amounts provided under 


pbinns on DSK79D2C42PROD with BILLS
210 

HR 21 PCS 

1 this heading are available for the liquidation of obligations 

2 equal to current year payments on leases entered into 

3 prior to the date of enactment of this Act: Provided fur4 ther, That for the purpose of recording and liquidating any 

5 lease obligations that should have been recorded and liq6 uidated against accounts closed pursuant to 31 U.S.C. 

7 1552, and consistent with the preceding proviso, such 

8 amounts shall be transferred to and recorded in a no-year 

9 account in the Treasury, which has been established for 

10 the sole purpose of recording adjustments for and liqui11 dating such unpaid obligations. 

12 CONSUMER PRODUCT SAFETY COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Consumer Product 

15 Safety Commission, including hire of passenger motor ve16 hicles, services as authorized by 5 U.S.C. 3109, but at 

17 rates for individuals not to exceed the per diem rate equiv18 alent to the maximum rate payable under 5 U.S.C. 5376, 

19 purchase of nominal awards to recognize non-Federal offi20 cials’ contributions to Commission activities, and not to 

21 exceed $4,000 for official reception and representation ex22 penses, $126,000,000. 


pbinns on DSK79D2C42PROD with BILLS
211 

HR 21 PCS 

1 ADMINISTRATIVE PROVISIONS—CONSUMER PRODUCT

2 SAFETY COMMISSION

3 SEC. 501. During fiscal year 2019, none of the 

4 amounts made available by this Act may be used to final5 ize or implement the Safety Standard for Recreational 

6 Off-Highway Vehicles published by the Consumer Product 

7 Safety Commission in the Federal Register on November 

8 19, 2014 (79 Fed. Reg. 68964) until after— 

9 (1) the National Academy of Sciences, in con10 sultation with the National Highway Traffic Safety 

11 Administration and the Department of Defense, 

12 completes a study to determine— 

13 (A) the technical validity of the lateral sta14 bility and vehicle handling requirements pro15 posed by such standard for purposes of reduc16 ing the risk of Recreational Off-Highway Vehi17 cle (referred to in this section as ‘‘ROV’’) roll18 overs in the off-road environment, including the 

19 repeatability and reproducibility of testing for 

20 compliance with such requirements; 

21 (B) the number of ROV rollovers that 

22 would be prevented if the proposed require23 ments were adopted; 

24 (C) whether there is a technical basis for 

25 the proposal to provide information on a pointVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
212 

HR 21 PCS 

1 of-sale hangtag about a ROV’s rollover resist2 ance on a progressive scale; and 

3 (D) the effect on the utility of ROVs used 

4 by the United States military if the proposed 

5 requirements were adopted; and 

6 (2) a report containing the results of the study 

7 completed under paragraph (1) is delivered to— 

8 (A) the Committee on Commerce, Science, 

9 and Transportation of the Senate; 

10 (B) the Committee on Energy and Com11 merce of the House of Representatives; 

12 (C) the Committee on Appropriations of 

13 the Senate; and 

14 (D) the Committee on Appropriations of 

15 the House of Representatives. 

16 ELECTION ASSISTANCE COMMISSION

17 SALARIES AND EXPENSES

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses to carry out the Help Amer20 ica Vote Act of 2002 (Public Law 107–252), $9,200,000, 

21 of which $1,500,000 shall be transferred to the National 

22 Institute of Standards and Technology for election reform 

23 activities authorized under the Help America Vote Act of 

24 2002. 


pbinns on DSK79D2C42PROD with BILLS
213 

HR 21 PCS 

1 FEDERAL COMMUNICATIONS COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Communica4 tions Commission, as authorized by law, including uni5 forms and allowances therefor, as authorized by 5 U.S.C. 

6 5901–5902; not to exceed $4,000 for official reception and 

7 representation expenses; purchase and hire of motor vehi8 cles; special counsel fees; and services as authorized by 

9 5 U.S.C. 3109, $333,118,000, to remain available until 

10 expended: Provided, That $333,118,000 of offsetting col11 lections shall be assessed and collected pursuant to section 

12 9 of title I of the Communications Act of 1934, shall be 

13 retained and used for necessary expenses and shall remain 

14 available until expended: Provided further, That the sum 

15 herein appropriated shall be reduced as such offsetting 

16 collections are received during fiscal year 2019 so as to 

17 result in a final fiscal year 2019 appropriation estimated 

18 at $0: Provided further, That any offsetting collections re19 ceived in excess of $333,118,000 in fiscal year 2019 shall 

20 not be available for obligation: Provided further, That re21 maining offsetting collections from prior years collected in 

22 excess of the amount specified for collection in each such 

23 year and otherwise becoming available on October 1, 2018, 

24 shall not be available for obligation: Provided further, 

25 That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds 


pbinns on DSK79D2C42PROD with BILLS
214 

HR 21 PCS 

1 from the use of a competitive bidding system that may 

2 be retained and made available for obligation shall not ex3 ceed $130,284,000 for fiscal year 2019: Provided further, 

4 That, of the amount appropriated under this heading, not 

5 less than $11,064,000 shall be for the salaries and ex6 penses of the Office of Inspector General. 

7 ADMINISTRATIVE PROVISIONS—FEDERAL

8 COMMUNICATIONS COMMISSION

9 SEC. 510. None of the funds appropriated by this Act 

10 may be used by the Federal Communications Commission 

11 to modify, amend, or change its rules or regulations for 

12 universal service support payments to implement the Feb13 ruary 27, 2004 recommendations of the Federal-State 

14 Joint Board on Universal Service regarding single connec15 tion or primary line restrictions on universal service sup16 port payments. 

17 FEDERAL DEPOSIT INSURANCE CORPORATION

18 OFFICE OF THE INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector 

20 General in carrying out the provisions of the Inspector 

21 General Act of 1978, $42,982,000, to be derived from the 

22 Deposit Insurance Fund or, only when appropriate, the 

23 FSLIC Resolution Fund. 


pbinns on DSK79D2C42PROD with BILLS
215 

HR 21 PCS 

1 FEDERAL ELECTION COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses to carry out the provisions 

4 of the Federal Election Campaign Act of 1971, 

5 $71,250,000, of which not to exceed $5,000 shall be avail6 able for reception and representation expenses. 

7 FEDERAL LABOR RELATIONS AUTHORITY

8 SALARIES AND EXPENSES

9 For necessary expenses to carry out functions of the 

10 Federal Labor Relations Authority, pursuant to Reorga11 nization Plan Numbered 2 of 1978, and the Civil Service 

12 Reform Act of 1978, including services authorized by 5 

13 U.S.C. 3109, and including hire of experts and consult14 ants, hire of passenger motor vehicles, and including offi15 cial reception and representation expenses (not to exceed 

16 $1,500) and rental of conference rooms in the District of 

17 Columbia and elsewhere, $26,200,000: Provided, That 

18 public members of the Federal Service Impasses Panel 

19 may be paid travel expenses and per diem in lieu of sub20 sistence as authorized by law (5 U.S.C. 5703) for persons 

21 employed intermittently in the Government service, and 

22 compensation as authorized by 5 U.S.C. 3109: Provided 

23 further, That, notwithstanding 31 U.S.C. 3302, funds re24 ceived from fees charged to non-Federal participants at 

25 labor-management relations conferences shall be credited 


pbinns on DSK79D2C42PROD with BILLS
216 

HR 21 PCS 

1 to and merged with this account, to be available without 

2 further appropriation for the costs of carrying out these 

3 conferences. 

4 FEDERAL TRADE COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Federal Trade Com7 mission, including uniforms or allowances therefor, as au8 thorized by 5 U.S.C. 5901–5902; services as authorized 

9 by 5 U.S.C. 3109; hire of passenger motor vehicles; and 

10 not to exceed $2,000 for official reception and representa11 tion expenses, $309,700,000, to remain available until ex12 pended: Provided, That not to exceed $300,000 shall be 

13 available for use to contract with a person or persons for 

14 collection services in accordance with the terms of 31 

15 U.S.C. 3718: Provided further, That, notwithstanding any 

16 other provision of law, not to exceed $136,000,000 of off17 setting collections derived from fees collected for 

18 premerger notification filings under the Hart-Scott-Ro19 dino Antitrust Improvements Act of 1976 (15 U.S.C. 

20 18a), regardless of the year of collection, shall be retained 

21 and used for necessary expenses in this appropriation: 

22 Provided further, That, notwithstanding any other provi23 sion of law, not to exceed $17,000,000 in offsetting collec24 tions derived from fees sufficient to implement and enforce 

25 the Telemarketing Sales Rule, promulgated under the 


pbinns on DSK79D2C42PROD with BILLS
217 

HR 21 PCS 

1 Telemarketing and Consumer Fraud and Abuse Preven2 tion Act (15 U.S.C. 6101 et seq.), shall be credited to this 

3 account, and be retained and used for necessary expenses 

4 in this appropriation: Provided further, That the sum here5 in appropriated from the general fund shall be reduced 

6 as such offsetting collections are received during fiscal 

7 year 2019, so as to result in a final fiscal year 2019 appro8 priation from the general fund estimated at not more than 

9 $156,700,000: Provided further, That none of the funds 

10 made available to the Federal Trade Commission may be 

11 used to implement subsection (e)(2)(B) of section 43 of 

12 the Federal Deposit Insurance Act (12 U.S.C. 1831t). 

13 GENERAL SERVICES ADMINISTRATION

14 REAL PROPERTY ACTIVITIES

15 FEDERAL BUILDINGS FUND

16 LIMITATIONS ON AVAILABILITY OF REVENUE

17 (INCLUDING TRANSFERS OF FUNDS)

18 Amounts in the Fund, including revenues and collec19 tions deposited into the Fund, shall be available for nec20 essary expenses of real property management and related 

21 activities not otherwise provided for, including operation, 

22 maintenance, and protection of federally owned and leased 

23 buildings; rental of buildings in the District of Columbia; 

24 restoration of leased premises; moving governmental agen25 cies (including space adjustments and telecommunications 


pbinns on DSK79D2C42PROD with BILLS
218 

HR 21 PCS 

1 relocation expenses) in connection with the assignment, al2 location, and transfer of space; contractual services inci3 dent to cleaning or servicing buildings, and moving; repair 

4 and alteration of federally owned buildings, including 

5 grounds, approaches, and appurtenances; care and safe6 guarding of sites; maintenance, preservation, demolition, 

7 and equipment; acquisition of buildings and sites by pur8 chase, condemnation, or as otherwise authorized by law; 

9 acquisition of options to purchase buildings and sites; con10 version and extension of federally owned buildings; pre11 liminary planning and design of projects by contract or 

12 otherwise; construction of new buildings (including equip13 ment for such buildings); and payment of principal, inter14 est, and any other obligations for public buildings acquired 

15 by installment purchase and purchase contract; in the ag16 gregate amount of $9,633,450,000, of which— 

17 (1) $1,080,068,000 shall remain available until 

18 expended for construction and acquisition (including 

19 funds for sites and expenses, and associated design 

20 and construction services) as follows: 

21 (A) $767,900,000 shall be for the Depart22 ment of Transportation Lease Purchase Option, 

23 Washington, District of Columbia; 


pbinns on DSK79D2C42PROD with BILLS
219 

HR 21 PCS 

1 (B) $100,000,000 shall be for the DHS 

2 Consolidation at St. Elizabeths, Washington, 

3 District of Columbia; 

4 (C) $27,268,000 shall be for the Former 

5 Hardesty Federal Complex, Kansas City, Mis6 souri; 

7 (D) $9,000,000 shall be for the Southeast 

8 Federal Center Remediation, Washington, Dis9 trict of Columbia; and 

10 (E) $175,900,000 shall be for the Calexico 

11 West Land Port of Entry, Calexico, California: 

12 Provided, That each of the foregoing limits of costs 

13 on new construction and acquisition projects may be 

14 exceeded to the extent that savings are effected in 

15 other such projects, but not to exceed 10 percent of 

16 the amounts included in a transmitted prospectus, if 

17 required, unless advance approval is obtained from 

18 the Committees on Appropriations of a greater 

19 amount; 

20 (2) $890,419,000 shall remain available until 

21 expended for repairs and alterations, including asso22 ciated design and construction services, of which— 

23 (A) $424,690,000 is for Major Repairs and 

24 Alterations; 


pbinns on DSK79D2C42PROD with BILLS
220 

HR 21 PCS 

1 (B) $373,556,000 is for Basic Repairs and 

2 Alterations; and 

3 (C) $92,173,000 is for Special Emphasis 

4 Programs, of which— 

5 (i) $30,000,000 is for Fire and Life 

6 Safety; 

7 (ii) $11,500,000 is for Judiciary Cap8 ital Security; and 

9 (iii) $50,673,000 is for Consolidation 

10 Activities: Provided, That consolidation 

11 projects result in reduced annual rent paid 

12 by the tenant agency: Provided further, 

13 That no consolidation project exceed 

14 $10,000,000 in costs: Provided further, 

15 That consolidation projects are approved 

16 by each of the committees specified in sec17 tion 3307(a) of title 40, United States 

18 Code: Provided further, That preference is 

19 given to consolidation projects that achieve 

20 a utilization rate of 130 usable square feet 

21 or less per person for office space: Pro22 vided further, That the obligation of funds 

23 under this paragraph for consolidation ac24 tivities may not be made until 10 days 

25 after a proposed spending plan and explaVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
221 

HR 21 PCS 

1 nation for each project to be undertaken, 

2 including estimated savings, has been sub3 mitted to the Committees on Appropria4 tions of the House of Representatives and 

5 the Senate: 

6 Provided, That funds made available in this or any 

7 previous Act in the Federal Buildings Fund for Re8 pairs and Alterations shall, for prospectus projects, 

9 be limited to the amount identified for each project, 

10 except each project in this or any previous Act may 

11 be increased by an amount not to exceed 10 percent 

12 unless advance approval is obtained from the Com13 mittees on Appropriations of a greater amount: Pro14 vided further, That additional projects for which 

15 prospectuses have been fully approved may be fund16 ed under this category only if advance approval is 

17 obtained from the Committees on Appropriations: 

18 Provided further, That the amounts provided in this 

19 or any prior Act for ‘‘Repairs and Alterations’’ may 

20 be used to fund costs associated with implementing 

21 security improvements to buildings necessary to 

22 meet the minimum standards for security in accord23 ance with current law and in compliance with the re24 programming guidelines of the appropriate Commit25 tees of the House and Senate: Provided further, That 


pbinns on DSK79D2C42PROD with BILLS
222 

HR 21 PCS 

1 the difference between the funds appropriated and 

2 expended on any projects in this or any prior Act, 

3 under the heading ‘‘Repairs and Alterations’’, may 

4 be transferred to Basic Repairs and Alterations or 

5 used to fund authorized increases in prospectus 

6 projects: Provided further, That the amount provided 

7 in this or any prior Act for Basic Repairs and Alter8 ations may be used to pay claims against the Gov9 ernment arising from any projects under the heading 

10 ‘‘Repairs and Alterations’’ or used to fund author11 ized increases in prospectus projects; 

12 (3) $5,418,845,000 for rental of space to re13 main available until expended; and 

14 (4) $2,244,118,000 for building operations to 

15 remain available until expended: Provided, That the 

16 total amount of funds made available from this 

17 Fund to the General Services Administration shall 

18 not be available for expenses of any construction, re19 pair, alteration and acquisition project for which a 

20 prospectus, if required by 40 U.S.C. 3307(a), has 

21 not been approved, except that necessary funds may 

22 be expended for each project for required expenses 

23 for the development of a proposed prospectus: Pro24 vided further, That funds available in the Federal 

25 Buildings Fund may be expended for emergency reVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
223 

HR 21 PCS 

1 pairs when advance approval is obtained from the 

2 Committees on Appropriations: Provided further, 

3 That amounts necessary to provide reimbursable 

4 special services to other agencies under 40 U.S.C. 

5 592(b)(2) and amounts to provide such reimbursable 

6 fencing, lighting, guard booths, and other facilities 

7 on private or other property not in Government own8 ership or control as may be appropriate to enable 

9 the United States Secret Service to perform its pro10 tective functions pursuant to 18 U.S.C. 3056, shall 

11 be available from such revenues and collections: Pro12 vided further, That revenues and collections and any 

13 other sums accruing to this Fund during fiscal year 

14 2019, excluding reimbursements under 40 U.S.C. 

15 592(b)(2), in excess of the aggregate new 

16 obligational authority authorized for Real Property 

17 Activities of the Federal Buildings Fund in this Act 

18 shall remain in the Fund and shall not be available 

19 for expenditure except as authorized in appropria20 tions Acts. 

21 GENERAL ACTIVITIES

22 GOVERNMENT-WIDE POLICY

23 For expenses authorized by law, not otherwise pro24 vided for, for Government-wide policy and evaluation ac25 tivities associated with the management of real and perVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
224 

HR 21 PCS 

1 sonal property assets and certain administrative services; 

2 Government-wide policy support responsibilities relating to 

3 acquisition, travel, motor vehicles, information technology 

4 management, and related technology activities; and serv5 ices as authorized by 5 U.S.C. 3109; $58,499,000. 

6 OPERATING EXPENSES

7 For expenses authorized by law, not otherwise pro8 vided for, for Government-wide activities associated with 

9 utilization and donation of surplus personal property; dis10 posal of real property; agency-wide policy direction, man11 agement, and communications; and services as authorized 

12 by 5 U.S.C. 3109; $49,440,000, of which not less than 

13 $26,890,000 is for Real and Personal Property Manage14 ment and Disposal; and up to $22,550,000 is for the Of15 fice of the Administrator, of which not to exceed $7,500 

16 is for official reception and representation expenses. 

17 CIVILIAN BOARD OF CONTRACT APPEALS

18 For expenses authorized by law, not otherwise pro19 vided for, for the activities associated with the Civilian 

20 Board of Contract Appeals, $9,301,000. 

21 OFFICE OF INSPECTOR GENERAL

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses of the Office of Inspector 

24 General and service authorized by 5 U.S.C. 3109, 

25 $65,000,000: Provided, That not to exceed $50,000 shall 


pbinns on DSK79D2C42PROD with BILLS
225 

HR 21 PCS 

1 be available for payment for information and detection of 

2 fraud against the Government, including payment for re3 covery of stolen Government property: Provided further, 

4 That not to exceed $2,500 shall be available for awards 

5 to employees of other Federal agencies and private citizens 

6 in recognition of efforts and initiatives resulting in en7 hanced Office of Inspector General effectiveness. 

8 In addition to the foregoing appropriation, 

9 $2,000,000, to remain available until expended, shall be 

10 transferred to the Council of the Inspectors General on 

11 Integrity and Efficiency for enhancements to 

12 www.oversight.gov: Provided, That these amounts shall be 

13 in addition to any other amounts available to the Council 

14 of the Inspectors General on Integrity and Efficiency for 

15 such purpose. 

16 ALLOWANCES AND OFFICE STAFF FOR FORMER

17 PRESIDENTS

18 For carrying out the provisions of the Act of August 

19 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, 

20 $4,796,000. 

21 FEDERAL CITIZEN SERVICES FUND

22 (INCLUDING TRANSFERS OF FUNDS)

23 For necessary expenses of the Office of Products and 

24 Programs, including services authorized by 40 U.S.C. 323 

25 and 44 U.S.C. 3604; and for necessary expenses in supVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
226 

HR 21 PCS 

1 port of interagency projects that enable the Federal Gov2 ernment to enhance its ability to conduct activities elec3 tronically, through the development and implementation of 

4 innovative uses of information technology; $55,000,000, to 

5 be deposited into the Federal Citizen Services Fund: Pro6 vided, That the previous amount may be transferred to 

7 Federal agencies to carry out the purpose of the Federal 

8 Citizen Services Fund: Provided further, That the appro9 priations, revenues, reimbursements, and collections de10 posited into the Fund shall be available until expended for 

11 necessary expenses of Federal Citizen Services and other 

12 activities that enable the Federal Government to enhance 

13 its ability to conduct activities electronically in the aggre14 gate amount not to exceed $100,000,000: Provided fur15 ther, That appropriations, revenues, reimbursements, and 

16 collections accruing to this Fund during fiscal year 2019 

17 in excess of such amount shall remain in the Fund and 

18 shall not be available for expenditure except as authorized 

19 in appropriations Acts: Provided further, That the transfer 

20 authorities provided herein shall be in addition to any 

21 other transfer authority provided in this Act. 

22 ASSET PROCEEDS AND SPACE MANAGEMENT FUND

23 For carrying out the purposes of the Federal Assets 

24 Sale and Transfer Act of 2016 (Public Law 114–287), 

25 $15,500,000, to be deposited into the Asset Proceeds and 


pbinns on DSK79D2C42PROD with BILLS
227 

HR 21 PCS 

1 Space Management Fund, to remain available until ex2 pended. 

3 ENVIRONMENTAL REVIEW IMPROVEMENT FUND

4 For necessary expenses of the Environmental Review 

5 Improvement Fund established pursuant to 42 U.S.C. 

6 4370m–8(d), $6,070,000, to remain available until ex7 pended. 

8 ADMINISTRATIVE PROVISIONS—GENERAL SERVICES

9 ADMINISTRATION

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 520. Funds available to the General Services 

12 Administration shall be available for the hire of passenger 

13 motor vehicles. 

14 SEC. 521. Funds in the Federal Buildings Fund 

15 made available for fiscal year 2019 for Federal Buildings 

16 Fund activities may be transferred between such activities 

17 only to the extent necessary to meet program require18 ments: Provided, That any proposed transfers shall be ap19 proved in advance by the Committees on Appropriations 

20 of the House of Representatives and the Senate. 

21 SEC. 522. Except as otherwise provided in this title, 

22 funds made available by this Act shall be used to transmit 

23 a fiscal year 2020 request for United States Courthouse 

24 construction only if the request: (1) meets the design guide 

25 standards for construction as established and approved by 


pbinns on DSK79D2C42PROD with BILLS
228 

HR 21 PCS 

1 the General Services Administration, the Judicial Con2 ference of the United States, and the Office of Manage3 ment and Budget; (2) reflects the priorities of the Judicial 

4 Conference of the United States as set out in its approved 

5 Courthouse Project Priorities plan; and (3) includes a 

6 standardized courtroom utilization study of each facility 

7 to be constructed, replaced, or expanded. 

8 SEC. 523. None of the funds provided in this Act may 

9 be used to increase the amount of occupiable square feet, 

10 provide cleaning services, security enhancements, or any 

11 other service usually provided through the Federal Build12 ings Fund, to any agency that does not pay the rate per 

13 square foot assessment for space and services as deter14 mined by the General Services Administration in consider15 ation of the Public Buildings Amendments Act of 1972 

16 (Public Law 92–313). 

17 SEC. 524. From funds made available under the 

18 heading Federal Buildings Fund, Limitations on Avail19 ability of Revenue, claims against the Government of less 

20 than $250,000 arising from direct construction projects 

21 and acquisition of buildings may be liquidated from sav22 ings effected in other construction projects with prior noti23 fication to the Committees on Appropriations of the House 

24 of Representatives and the Senate. 


pbinns on DSK79D2C42PROD with BILLS
229 

HR 21 PCS 

1 SEC. 525. In any case in which the Committee on 

2 Transportation and Infrastructure of the House of Rep3 resentatives and the Committee on Environment and Pub4 lic Works of the Senate adopt a resolution granting lease 

5 authority pursuant to a prospectus transmitted to Con6 gress by the Administrator of the General Services Admin7 istration under 40 U.S.C. 3307, the Administrator shall 

8 ensure that the delineated area of procurement is identical 

9 to the delineated area included in the prospectus for all 

10 lease agreements, except that, if the Administrator deter11 mines that the delineated area of the procurement should 

12 not be identical to the delineated area included in the pro13 spectus, the Administrator shall provide an explanatory 

14 statement to each of such committees and the Committees 

15 on Appropriations of the House of Representatives and the 

16 Senate prior to exercising any lease authority provided in 

17 the resolution. 

18 SEC. 526. With respect to each project funded under 

19 the heading ‘‘Major Repairs and Alterations’’ or ‘‘Judici20 ary Capital Security Program’’, and with respect to E– 

21 Government projects funded under the heading ‘‘Federal 

22 Citizen Services Fund’’, the Administrator of General 

23 Services shall submit a spending plan and explanation for 

24 each project to be undertaken to the Committees on Ap25 propriations of the House of Representatives and the SenVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
230 

HR 21 PCS 

1 ate not later than 60 days after the date of enactment 

2 of this Act. 

3 HARRY S TRUMAN SCHOLARSHIP FOUNDATION

4 SALARIES AND EXPENSES

5 For payment to the Harry S Truman Scholarship 

6 Foundation Trust Fund, established by section 10 of Pub7 lic Law 93–642, $1,000,000, to remain available until ex8 pended. 

9 MERIT SYSTEMS PROTECTION BOARD

10 SALARIES AND EXPENSES

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses to carry out functions of the 

13 Merit Systems Protection Board pursuant to Reorganiza14 tion Plan Numbered 2 of 1978, the Civil Service Reform 

15 Act of 1978, and the Whistleblower Protection Act of 

16 1989 (5 U.S.C. 5509 note), including services as author17 ized by 5 U.S.C. 3109, rental of conference rooms in the 

18 District of Columbia and elsewhere, hire of passenger 

19 motor vehicles, direct procurement of survey printing, and 

20 not to exceed $2,000 for official reception and representa21 tion expenses, $44,490,000, to remain available until Sep22 tember 30, 2020, and in addition not to exceed 

23 $2,345,000, to remain available until September 30, 2020, 

24 for administrative expenses to adjudicate retirement ap25 peals to be transferred from the Civil Service Retirement 


pbinns on DSK79D2C42PROD with BILLS
231 

HR 21 PCS 

1 and Disability Fund in amounts determined by the Merit 

2 Systems Protection Board. 

3 MORRIS K. UDALL AND STEWART L. UDALL

4 FOUNDATION

5 MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For payment to the Morris K. Udall and Stewart L. 

8 Udall Trust Fund, pursuant to the Morris K. Udall and 

9 Stewart L. Udall Foundation Act (20 U.S.C. 5601 et 

10 seq.), $1,875,000, to remain available until expended, of 

11 which, notwithstanding sections 8 and 9 of such Act: (1) 

12 up to $50,000 shall be used to conduct financial audits 

13 pursuant to the Accountability of Tax Dollars Act of 2002 

14 (Public Law 107–289); and (2) up to $1,000,000 shall 

15 be available to carry out the activities authorized by sec16 tion 6(7) of Public Law 102–259 and section 817(a) of 

17 Public Law 106–568 (20 U.S.C. 5604(7)): Provided, That 

18 of the total amount made available under this heading 

19 $200,000 shall be transferred to the Office of Inspector 

20 General of the Department of the Interior, to remain 

21 available until expended, for audits and investigations of 

22 the Morris K. Udall and Stewart L. Udall Foundation, 

23 consistent with the Inspector General Act of 1978 (5 

24 U.S.C. App.). 


pbinns on DSK79D2C42PROD with BILLS
232 

HR 21 PCS 

1 ENVIRONMENTAL DISPUTE RESOLUTION FUND

2 For payment to the Environmental Dispute Resolu3 tion Fund to carry out activities authorized in the Envi4 ronmental Policy and Conflict Resolution Act of 1998, 

5 $3,200,000, to remain available until expended. 

6 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

7 OPERATING EXPENSES

8 For necessary expenses in connection with the admin9 istration of the National Archives and Records Adminis10 tration and archived Federal records and related activities, 

11 as provided by law, and for expenses necessary for the re12 view and declassification of documents, the activities of 

13 the Public Interest Declassification Board, the operations 

14 and maintenance of the electronic records archives, the 

15 hire of passenger motor vehicles, and for uniforms or al16 lowances therefor, as authorized by law (5 U.S.C. 5901), 

17 including maintenance, repairs, and cleaning, 

18 $375,105,000. 

19 OFFICE OF INSPECTOR GENERAL

20 For necessary expenses of the Office of Inspector 

21 General in carrying out the provisions of the Inspector 

22 General Reform Act of 2008, Public Law 110–409, 122 

23 Stat. 4302–16 (2008), and the Inspector General Act of 

24 1978 (5 U.S.C. App.), and for the hire of passenger motor 

25 vehicles, $4,801,000. 


pbinns on DSK79D2C42PROD with BILLS
233 

HR 21 PCS 

1 REPAIRS AND RESTORATION

2 For the repair, alteration, and improvement of ar3 chives facilities, and to provide adequate storage for hold4 ings, $7,500,000, to remain available until expended. 

5 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

6 COMMISSION

7 GRANTS PROGRAM

8 For necessary expenses for allocations and grants for 

9 historical publications and records as authorized by 44 

10 U.S.C. 2504, $6,000,000, to remain available until ex11 pended. 

12 NATIONAL CREDIT UNION ADMINISTRATION

13 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

14 For the Community Development Revolving Loan 

15 Fund program as authorized by 42 U.S.C. 9812, 9822 

16 and 9910, $2,000,000 shall be available until September 

17 30, 2020, for technical assistance to low-income des18 ignated credit unions. 

19 OFFICE OF GOVERNMENT ETHICS

20 SALARIES AND EXPENSES

21 For necessary expenses to carry out functions of the 

22 Office of Government Ethics pursuant to the Ethics in 

23 Government Act of 1978, the Ethics Reform Act of 1989, 

24 and the Stop Trading on Congressional Knowledge Act of 

25 2012, including services as authorized by 5 U.S.C. 3109, 


pbinns on DSK79D2C42PROD with BILLS
234 

HR 21 PCS 

1 rental of conference rooms in the District of Columbia and 

2 elsewhere, hire of passenger motor vehicles, and not to ex3 ceed $1,500 for official reception and representation ex4 penses, $16,439,000. 

5 OFFICE OF PERSONNEL MANAGEMENT

6 SALARIES AND EXPENSES

7 (INCLUDING TRANSFER OF TRUST FUNDS)

8 For necessary expenses to carry out functions of the 

9 Office of Personnel Management (OPM) pursuant to Re10 organization Plan Numbered 2 of 1978 and the Civil Serv11 ice Reform Act of 1978, including services as authorized 

12 by 5 U.S.C. 3109; medical examinations performed for 

13 veterans by private physicians on a fee basis; rental of con14 ference rooms in the District of Columbia and elsewhere; 

15 hire of passenger motor vehicles; not to exceed $2,500 for 

16 official reception and representation expenses; advances 

17 for reimbursements to applicable funds of OPM and the 

18 Federal Bureau of Investigation for expenses incurred 

19 under Executive Order No. 10422 of January 9, 1953, 

20 as amended; and payment of per diem and/or subsistence 

21 allowances to employees where Voting Rights Act activities 

22 require an employee to remain overnight at his or her post 

23 of duty, $132,172,000: Provided, That of the total amount 

24 made available under this heading, not to exceed 

25 $14,000,000 shall remain available until September 30, 


pbinns on DSK79D2C42PROD with BILLS
235 

HR 21 PCS 

1 2020, for information technology infrastructure mod2 ernization and Trust Fund Federal Financial System mi3 gration or modernization, and shall be in addition to funds 

4 otherwise made available for such purposes: Provided fur5 ther, That of the total amount made available under this 

6 heading, $639,018 may be made available for strength7 ening the capacity and capabilities of the acquisition work8 force (as defined by the Office of Federal Procurement 

9 Policy Act, as amended (41 U.S.C. 4001 et seq.)), includ10 ing the recruitment, hiring, training, and retention of such 

11 workforce and information technology in support of acqui12 sition workforce effectiveness or for management solutions 

13 to improve acquisition management; and in addition 

14 $133,483,000 for administrative expenses, to be trans15 ferred from the appropriate trust funds of OPM without 

16 regard to other statutes, including direct procurement of 

17 printed materials, for the retirement and insurance pro18 grams: Provided further, That the provisions of this appro19 priation shall not affect the authority to use applicable 

20 trust funds as provided by sections 8348(a)(1)(B), 

21 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 

22 5, United States Code: Provided further, That no part of 

23 this appropriation shall be available for salaries and ex24 penses of the Legal Examining Unit of OPM established 

25 pursuant to Executive Order No. 9358 of July 1, 1943, 


pbinns on DSK79D2C42PROD with BILLS
236 

HR 21 PCS 

1 or any successor unit of like purpose: Provided further, 

2 That the President’s Commission on White House Fel3 lows, established by Executive Order No. 11183 of Octo4 ber 3, 1964, may, during fiscal year 2019, accept dona5 tions of money, property, and personal services: Provided 

6 further, That such donations, including those from prior 

7 years, may be used for the development of publicity mate8 rials to provide information about the White House Fel9 lows, except that no such donations shall be accepted for 

10 travel or reimbursement of travel expenses, or for the sala11 ries of employees of such Commission. 

12 OFFICE OF INSPECTOR GENERAL

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFER OF TRUST FUNDS)

15 For necessary expenses of the Office of Inspector 

16 General in carrying out the provisions of the Inspector 

17 General Act of 1978, including services as authorized by 

18 5 U.S.C. 3109, hire of passenger motor vehicles, 

19 $5,000,000, and in addition, not to exceed $25,265,000 

20 for administrative expenses to audit, investigate, and pro21 vide other oversight of the Office of Personnel Manage22 ment’s retirement and insurance programs, to be trans23 ferred from the appropriate trust funds of the Office of 

24 Personnel Management, as determined by the Inspector 

25 General: Provided, That the Inspector General is authorVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
237 

HR 21 PCS 

1 ized to rent conference rooms in the District of Columbia 

2 and elsewhere. 

3 OFFICE OF SPECIAL COUNSEL

4 SALARIES AND EXPENSES

5 For necessary expenses to carry out functions of the 

6 Office of Special Counsel pursuant to Reorganization Plan 

7 Numbered 2 of 1978, the Civil Service Reform Act of 

8 1978 (Public Law 95–454), the Whistleblower Protection 

9 Act of 1989 (Public Law 101–12) as amended by Public 

10 Law 107–304, the Whistleblower Protection Enhancement 

11 Act of 2012 (Public Law 112–199), and the Uniformed 

12 Services Employment and Reemployment Rights Act of 

13 1994 (Public Law 103–353), including services as author14 ized by 5 U.S.C. 3109, payment of fees and expenses for 

15 witnesses, rental of conference rooms in the District of Co16 lumbia and elsewhere, and hire of passenger motor vehi17 cles; $26,535,000. 

18 POSTAL REGULATORY COMMISSION

19 SALARIES AND EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses of the Postal Regulatory 

22 Commission in carrying out the provisions of the Postal 

23 Accountability and Enhancement Act (Public Law 109– 

24 435), $15,200,000, to be derived by transfer from the 


pbinns on DSK79D2C42PROD with BILLS
238 

HR 21 PCS 

1 Postal Service Fund and expended as authorized by sec2 tion 603(a) of such Act. 

3 PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the Privacy and Civil Lib6 erties Oversight Board, as authorized by section 1061 of 

7 the Intelligence Reform and Terrorism Prevention Act of 

8 2004 (42 U.S.C. 2000ee), $5,000,000, to remain available 

9 until September 30, 2020. 

10 SECURITIES AND EXCHANGE COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses for the Securities and Ex13 change Commission, including services as authorized by 

14 5 U.S.C. 3109, the rental of space (to include multiple 

15 year leases) in the District of Columbia and elsewhere, and 

16 not to exceed $3,500 for official reception and representa17 tion expenses, $1,658,302,000, to remain available until 

18 expended; of which not less than $15,206,269 shall be for 

19 the Office of Inspector General; of which not to exceed 

20 $75,000 shall be available for a permanent secretariat for 

21 the International Organization of Securities Commissions; 

22 and of which not to exceed $100,000 shall be available 

23 for expenses for consultations and meetings hosted by the 

24 Commission with foreign governmental and other regu25 latory officials, members of their delegations and staffs to 


pbinns on DSK79D2C42PROD with BILLS
239 

HR 21 PCS 

1 exchange views concerning securities matters, such ex2 penses to include necessary logistic and administrative ex3 penses and the expenses of Commission staff and foreign 

4 invitees in attendance including: (1) incidental expenses 

5 such as meals; (2) travel and transportation; and (3) re6 lated lodging or subsistence; and of which not less than 

7 $75,081,000 shall be for the Division of Economic and 

8 Risk Analysis. 

9 In addition to the foregoing appropriation, for costs 

10 associated with relocation under a replacement lease for 

11 the Commission’s New York regional office facilities, not 

12 to exceed $37,188,942, to remain available until expended: 

13 Provided, That for purposes of calculating the fee rate 

14 under section 31(j) of the Securities Exchange Act of 

15 1934 (15 U.S.C. 78ee(j)) for fiscal year 2019, all amounts 

16 appropriated under this heading shall be deemed to be the 

17 regular appropriation to the Commission for fiscal year 

18 2019: Provided further, That fees and charges authorized 

19 by section 31 of the Securities Exchange Act of 1934 (15 

20 U.S.C. 78ee) shall be credited to this account as offsetting 

21 collections: Provided further, That not to exceed 

22 $1,658,302,000 of such offsetting collections shall be 

23 available until expended for necessary expenses of this ac24 count and not to exceed $37,188,942 of such offsetting 

25 collections shall be available until expended for costs under 


pbinns on DSK79D2C42PROD with BILLS
240 

HR 21 PCS 

1 this heading associated with relocation under a replace2 ment lease for the Commission’s New York regional office 

3 facilities: Provided further, That the total amount appro4 priated under this heading from the general fund for fiscal 

5 year 2019 shall be reduced as such offsetting fees are re6 ceived so as to result in a final total fiscal year 2019 ap7 propriation from the general fund estimated at not more 

8 than $0: Provided further, That if any amount of the ap9 propriation for costs associated with relocation under a re10 placement lease for the Commission’s New York regional 

11 office facilities is subsequently de-obligated by the Com12 mission, such amount that was derived from the general 

13 fund shall be returned to the general fund, and such 

14 amounts that were derived from fees or assessments col15 lected for such purpose shall be paid to each national secu16 rities exchange and national securities association, respec17 tively, in proportion to any fees or assessments paid by 

18 such national securities exchange or national securities as19 sociation under section 31 of the Securities Exchange Act 

20 of 1934 (15 U.S.C. 78ee) in fiscal year 2019. 

21 SELECTIVE SERVICE SYSTEM

22 SALARIES AND EXPENSES

23 For necessary expenses of the Selective Service Sys24 tem, including expenses of attendance at meetings and of 

25 training for uniformed personnel assigned to the Selective 


pbinns on DSK79D2C42PROD with BILLS
241 

HR 21 PCS 

1 Service System, as authorized by 5 U.S.C. 4101–4118 for 

2 civilian employees; hire of passenger motor vehicles; serv3 ices as authorized by 5 U.S.C. 3109; and not to exceed 

4 $750 for official reception and representation expenses; 

5 $26,000,000: Provided, That during the current fiscal 

6 year, the President may exempt this appropriation from 

7 the provisions of 31 U.S.C. 1341, whenever the President 

8 deems such action to be necessary in the interest of na9 tional defense: Provided further, That none of the funds 

10 appropriated by this Act may be expended for or in con11 nection with the induction of any person into the Armed 

12 Forces of the United States. 

13 SMALL BUSINESS ADMINISTRATION

14 SALARIES AND EXPENSES

15 For necessary expenses, not otherwise provided for, 

16 of the Small Business Administration, including hire of 

17 passenger motor vehicles as authorized by sections 1343 

18 and 1344 of title 31, United States Code, and not to ex19 ceed $3,500 for official reception and representation ex20 penses, $267,500,000, of which not less than $12,000,000 

21 shall be available for examinations, reviews, and other 

22 lender oversight activities: Provided, That the Adminis23 trator is authorized to charge fees to cover the cost of pub24 lications developed by the Small Business Administration, 

25 and certain loan program activities, including fees authorVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
242 

HR 21 PCS 

1 ized by section 5(b) of the Small Business Act: Provided 

2 further, That, notwithstanding 31 U.S.C. 3302, revenues 

3 received from all such activities shall be credited to this 

4 account, to remain available until expended, for carrying 

5 out these purposes without further appropriations: Pro6 vided further, That the Small Business Administration 

7 may accept gifts in an amount not to exceed $4,000,000 

8 and may co-sponsor activities, each in accordance with sec9 tion 132(a) of division K of Public Law 108–447, during 

10 fiscal year 2019: Provided further, That $6,100,000 shall 

11 be available for the Loan Modernization and Accounting 

12 System, to be available until September 30, 2020: Pro13 vided further, That $3,000,000 shall be for the Federal 

14 and State Technology Partnership Program under section 

15 34 of the Small Business Act (15 U.S.C. 657d). 

16 ENTREPRENEURIAL DEVELOPMENT PROGRAMS

17 For necessary expenses of programs supporting en18 trepreneurial and small business development, 

19 $241,600,000, to remain available until September 30, 

20 2020: Provided, That $130,000,000 shall be available to 

21 fund grants for performance in fiscal year 2019 or fiscal 

22 year 2020 as authorized by section 21 of the Small Busi23 ness Act: Provided further, That $31,000,000 shall be for 

24 marketing, management, and technical assistance under 

25 section 7(m) of the Small Business Act (15 U.S.C. 


pbinns on DSK79D2C42PROD with BILLS
243 

HR 21 PCS 

1 636(m)(4)) by intermediaries that make microloans under 

2 the microloan program: Provided further, That 

3 $18,000,000 shall be available for grants to States to 

4 carry out export programs that assist small business con5 cerns authorized under section 22(l) of the Small Business 

6 Act (15 U.S.C. 649(l)). 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector 

9 General in carrying out the provisions of the Inspector 

10 General Act of 1978, $21,900,000. 

11 OFFICE OF ADVOCACY

12 For necessary expenses of the Office of Advocacy in 

13 carrying out the provisions of title II of Public Law 94– 

14 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexi15 bility Act of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to 

16 remain available until expended. 

17 BUSINESS LOANS PROGRAM ACCOUNT

18 (INCLUDING TRANSFER OF FUNDS)

19 For the cost of direct loans, $4,000,000, to remain 

20 available until expended: Provided, That such costs, in21 cluding the cost of modifying such loans, shall be as de22 fined in section 502 of the Congressional Budget Act of 

23 1974: Provided further, That subject to section 502 of the 

24 Congressional Budget Act of 1974, during fiscal year 

25 2019 commitments to guarantee loans under section 503 


pbinns on DSK79D2C42PROD with BILLS
244 

HR 21 PCS 

1 of the Small Business Investment Act of 1958 shall not 

2 exceed $7,500,000,000: Provided further, That during fis3 cal year 2019 commitments for general business loans au4 thorized under section 7(a) of the Small Business Act 

5 shall not exceed $30,000,000,000 for a combination of 

6 amortizing term loans and the aggregated maximum line 

7 of credit provided by revolving loans: Provided further, 

8 That during fiscal year 2019 commitments for loans au9 thorized under subparagraph (C) of section 502(7) of The 

10 Small Business Investment Act of 1958 (15 U.S.C. 

11 696(7)) shall not exceed $7,500,000,000: Provided further, 

12 That during fiscal year 2019 commitments to guarantee 

13 loans for debentures under section 303(b) of the Small 

14 Business Investment Act of 1958 shall not exceed 

15 $4,000,000,000: Provided further, That during fiscal year 

16 2019, guarantees of trust certificates authorized by sec17 tion 5(g) of the Small Business Act shall not exceed a 

18 principal amount of $12,000,000,000. In addition, for ad19 ministrative expenses to carry out the direct and guaran20 teed loan programs, $155,150,000, which may be trans21 ferred to and merged with the appropriations for Salaries 

22 and Expenses. 


pbinns on DSK79D2C42PROD with BILLS
245 

HR 21 PCS 

1 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS

2 ADMINISTRATION

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 530. Not to exceed 5 percent of any appropria5 tion made available for the current fiscal year for the 

6 Small Business Administration in this Act may be trans7 ferred between such appropriations, but no such appro8 priation shall be increased by more than 10 percent by 

9 any such transfers: Provided, That any transfer pursuant 

10 to this paragraph shall be treated as a reprogramming of 

11 funds under section 608 of this Act and shall not be avail12 able for obligation or expenditure except in compliance 

13 with the procedures set forth in that section. 

14 SEC. 531. None of the funds made available to the 

15 Small Business Administration in this Act may be pro16 vided to a company— 

17 (1) that is headquarted in the People’s Republic 

18 of China; or 

19 (2) for which more than 25 percent of the vot20 ing stock of the company is owned by affiliates that 

21 are citizens of the People’s Republic of China. 

22 SEC. 532. Not later than 180 days after the date of 

23 enactment of this Act, the Small Business Administration 

24 shall conduct a study on whether the provision of match25 making services that, using data collected through outside 


pbinns on DSK79D2C42PROD with BILLS
246 

HR 21 PCS 

1 entities such as local chambers of commerce, link veteran 

2 entrepreneurs to business leads in given industry sectors 

3 or geographic regions, would enhance the existing veterans 

4 entrepreneurship programs of the Administration. 

5 SEC. 533. The Administrator of the Small Business 

6 Administration shall— 

7 (1) work with Federal agencies to review each 

8 Office of Small and Disadvantaged Business Utiliza9 tion’s efforts to comply with the requirements under 

10 section 15(k) of the Small Business Act (15 U.S.C. 

11 644(k)); and 

12 (2) not later than 180 days after the date of 

13 enactment of this Act, submit to the Committee on 

14 Small Business and Entrepreneurship and the Com15 mittee on Appropriations of the Senate and the 

16 Committee on Small Business and the Committee on 

17 Appropriations of the House of Representatives— 

18 (A) a report on Federal agency compliance 

19 with the requirements under such section 15(k); 

20 and 

21 (B) a report detailing the status of 

22 issuance by the Small Business Administration 

23 of detailed guidance for the peer review process 

24 of the Small Business Procurement Advisory 

25 Council in order to facilitate a more in depth 


pbinns on DSK79D2C42PROD with BILLS
247 

HR 21 PCS 

1 review of Federal agency compliance with the 

2 requirements under such section 15(k). 

3 UNITED STATES POSTAL SERVICE

4 PAYMENT TO THE POSTAL SERVICE FUND

5 For payment to the Postal Service Fund for revenue 

6 forgone on free and reduced rate mail, pursuant to sub7 sections (c) and (d) of section 2401 of title 39, United 

8 States Code, $55,235,000: Provided, That mail for over9 seas voting and mail for the blind shall continue to be free: 

10 Provided further, That 6-day delivery and rural delivery 

11 of mail shall continue at not less than the 1983 level: Pro12 vided further, That none of the funds made available to 

13 the Postal Service by this Act shall be used to implement 

14 any rule, regulation, or policy of charging any officer or 

15 employee of any State or local child support enforcement 

16 agency, or any individual participating in a State or local 

17 program of child support enforcement, a fee for informa18 tion requested or provided concerning an address of a 

19 postal customer: Provided further, That none of the funds 

20 provided in this Act shall be used to consolidate or close 

21 small rural and other small post offices. 


pbinns on DSK79D2C42PROD with BILLS
248 

HR 21 PCS 

1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Office of Inspector 

5 General in carrying out the provisions of the Inspector 

6 General Act of 1978, $250,000,000, to be derived by 

7 transfer from the Postal Service Fund and expended as 

8 authorized by section 603(b)(3) of the Postal Account9 ability and Enhancement Act (Public Law 109–435). 

10 UNITED STATES TAX COURT

11 SALARIES AND EXPENSES

12 For necessary expenses, including contract reporting 

13 and other services as authorized by 5 U.S.C. 3109, 

14 $51,515,000, of which $1,000,000 shall remain available 

15 until expended: Provided, That travel expenses of the 

16 judges shall be paid upon the written certificate of the 

17 judge. 

18 TITLE VI 

19 GENERAL PROVISIONS—THIS ACT 

20 SEC. 601. None of the funds in this Act shall be used 

21 for the planning or execution of any program to pay the 

22 expenses of, or otherwise compensate, non-Federal parties 

23 intervening in regulatory or adjudicatory proceedings 

24 funded in this Act. 


pbinns on DSK79D2C42PROD with BILLS
249 

HR 21 PCS 

1 SEC. 602. None of the funds appropriated in this Act 

2 shall remain available for obligation beyond the current 

3 fiscal year, nor may any be transferred to other appropria4 tions, unless expressly so provided herein. 

5 SEC. 603. The expenditure of any appropriation 

6 under this Act for any consulting service through procure7 ment contract pursuant to 5 U.S.C. 3109, shall be limited 

8 to those contracts where such expenditures are a matter 

9 of public record and available for public inspection, except 

10 where otherwise provided under existing law, or under ex11 isting Executive order issued pursuant to existing law. 

12 SEC. 604. None of the funds made available in this 

13 Act may be transferred to any department, agency, or in14 strumentality of the United States Government, except 

15 pursuant to a transfer made by, or transfer authority pro16 vided in, this Act or any other appropriations Act. 

17 SEC. 605. None of the funds made available by this 

18 Act shall be available for any activity or for paying the 

19 salary of any Government employee where funding an ac20 tivity or paying a salary to a Government employee would 

21 result in a decision, determination, rule, regulation, or pol22 icy that would prohibit the enforcement of section 307 of 

23 the Tariff Act of 1930 (19 U.S.C. 1307). 

24 SEC. 606. No funds appropriated pursuant to this 

25 Act may be expended by an entity unless the entity agrees 


pbinns on DSK79D2C42PROD with BILLS
250 

HR 21 PCS 

1 that in expending the assistance the entity will comply 

2 with chapter 83 of title 41, United States Code. 

3 SEC. 607. No funds appropriated or otherwise made 

4 available under this Act shall be made available to any 

5 person or entity that has been convicted of violating chap6 ter 83 of title 41, United States Code. 

7 SEC. 608. Except as otherwise provided in this Act, 

8 none of the funds provided in this Act, provided by pre9 vious appropriations Acts to the agencies or entities fund10 ed in this Act that remain available for obligation or ex11 penditure in fiscal year 2019, or provided from any ac12 counts in the Treasury derived by the collection of fees 

13 and available to the agencies funded by this Act, shall be 

14 available for obligation or expenditure through a re15 programming of funds that: (1) creates a new program; 

16 (2) eliminates a program, project, or activity; (3) increases 

17 funds or personnel for any program, project, or activity 

18 for which funds have been denied or restricted by the Con19 gress; (4) proposes to use funds directed for a specific ac20 tivity by the Committee on Appropriations of either the 

21 House of Representatives or the Senate for a different 

22 purpose; (5) augments existing programs, projects, or ac23 tivities in excess of $5,000,000 or 10 percent, whichever 

24 is less; (6) reduces existing programs, projects, or activi25 ties by $5,000,000 or 10 percent, whichever is less; or (7) 


pbinns on DSK79D2C42PROD with BILLS
251 

HR 21 PCS 

1 creates or reorganizes offices, programs, or activities un2 less prior approval is received from the Committees on Ap3 propriations of the House of Representatives and the Sen4 ate: Provided, That prior to any significant reorganization 

5 or restructuring of offices, programs, or activities, each 

6 agency or entity funded in this Act shall consult with the 

7 Committees on Appropriations of the House of Represent8 atives and the Senate: Provided further, That not later 

9 than 60 days after the date of enactment of this Act, each 

10 agency funded by this Act shall submit a report to the 

11 Committees on Appropriations of the House of Represent12 atives and the Senate to establish the baseline for applica13 tion of reprogramming and transfer authorities for the 

14 current fiscal year: Provided further, That at a minimum 

15 the report shall include: (1) a table for each appropriation 

16 with a separate column to display the President’s budget 

17 request, adjustments made by Congress, adjustments due 

18 to enacted rescissions, if appropriate, and the fiscal year 

19 enacted level; (2) a delineation in the table for each appro20 priation both by object class and program, project, and 

21 activity as detailed in the budget appendix for the respec22 tive appropriation; and (3) an identification of items of 

23 special congressional interest: Provided further, That the 

24 amount appropriated or limited for salaries and expenses 

25 for an agency shall be reduced by $100,000 per day for 


pbinns on DSK79D2C42PROD with BILLS
252 

HR 21 PCS 

1 each day after the required date that the report has not 

2 been submitted to the Congress. 

3 SEC. 609. Except as otherwise specifically provided 

4 by law, not to exceed 50 percent of unobligated balances 

5 remaining available at the end of fiscal year 2019 from 

6 appropriations made available for salaries and expenses 

7 for fiscal year 2019 in this Act, shall remain available 

8 through September 30, 2020, for each such account for 

9 the purposes authorized: Provided, That a request shall 

10 be submitted to the Committees on Appropriations of the 

11 House of Representatives and the Senate for approval 

12 prior to the expenditure of such funds: Provided further, 

13 That these requests shall be made in compliance with re14 programming guidelines. 

15 SEC. 610. (a) None of the funds made available in 

16 this Act may be used by the Executive Office of the Presi17 dent to request— 

18 (1) any official background investigation report 

19 on any individual from the Federal Bureau of Inves20 tigation; or 

21 (2) a determination with respect to the treat22 ment of an organization as described in section 

23 501(c) of the Internal Revenue Code of 1986 and 

24 exempt from taxation under section 501(a) of such 


pbinns on DSK79D2C42PROD with BILLS
253 

HR 21 PCS 

1 Code from the Department of the Treasury or the 

2 Internal Revenue Service. 

3 (b) Subsection (a) shall not apply— 

4 (1) in the case of an official background inves5 tigation report, if such individual has given express 

6 written consent for such request not more than 6 

7 months prior to the date of such request and during 

8 the same presidential administration; or 

9 (2) if such request is required due to extraor10 dinary circumstances involving national security. 

11 SEC. 611. The cost accounting standards promul12 gated under chapter 15 of title 41, United States Code 

13 shall not apply with respect to a contract under the Fed14 eral Employees Health Benefits Program established 

15 under chapter 89 of title 5, United States Code. 

16 SEC. 612. For the purpose of resolving litigation and 

17 implementing any settlement agreements regarding the 

18 nonforeign area cost-of-living allowance program, the Of19 fice of Personnel Management may accept and utilize 

20 (without regard to any restriction on unanticipated travel 

21 expenses imposed in an Appropriations Act) funds made 

22 available to the Office of Personnel Management pursuant 

23 to court approval. 

24 SEC. 613. No funds appropriated by this Act shall 

25 be available to pay for an abortion, or the administrative 


pbinns on DSK79D2C42PROD with BILLS
254 

HR 21 PCS 

1 expenses in connection with any health plan under the 

2 Federal employees health benefits program which provides 

3 any benefits or coverage for abortions. 

4 SEC. 614. The provision of section 613 shall not 

5 apply where the life of the mother would be endangered 

6 if the fetus were carried to term, or the pregnancy is the 

7 result of an act of rape or incest. 

8 SEC. 615. In order to promote Government access to 

9 commercial information technology, the restriction on pur10 chasing nondomestic articles, materials, and supplies set 

11 forth in chapter 83 of title 41, United States Code (popu12 larly known as the Buy American Act), shall not apply 

13 to the acquisition by the Federal Government of informa14 tion technology (as defined in section 11101 of title 40, 

15 United States Code), that is a commercial item (as defined 

16 in section 103 of title 41, United States Code). 

17 SEC. 616. Notwithstanding section 1353 of title 31, 

18 United States Code, no officer or employee of any regu19 latory agency or commission funded by this Act may ac20 cept on behalf of that agency, nor may such agency or 

21 commission accept, payment or reimbursement from a 

22 non-Federal entity for travel, subsistence, or related ex23 penses for the purpose of enabling an officer or employee 

24 to attend and participate in any meeting or similar func25 tion relating to the official duties of the officer or emVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
255 

HR 21 PCS 

1 ployee when the entity offering payment or reimbursement 

2 is a person or entity subject to regulation by such agency 

3 or commission, or represents a person or entity subject 

4 to regulation by such agency or commission, unless the 

5 person or entity is an organization described in section 

6 501(c)(3) of the Internal Revenue Code of 1986 and ex7 empt from tax under section 501(a) of such Code. 

8 SEC. 617. Notwithstanding section 708 of this Act, 

9 funds made available to the Commodity Futures Trading 

10 Commission and the Securities and Exchange Commission 

11 by this or any other Act may be used for the interagency 

12 funding and sponsorship of a joint advisory committee to 

13 advise on emerging regulatory issues. 

14 SEC. 618. (a)(1) Notwithstanding any other provision 

15 of law, an Executive agency covered by this Act otherwise 

16 authorized to enter into contracts for either leases or the 

17 construction or alteration of real property for office, meet18 ing, storage, or other space must consult with the General 

19 Services Administration before issuing a solicitation for of20 fers of new leases or construction contracts, and in the 

21 case of succeeding leases, before entering into negotiations 

22 with the current lessor. 

23 (2) Any such agency with authority to enter into an 

24 emergency lease may do so during any period declared by 


pbinns on DSK79D2C42PROD with BILLS
256 

HR 21 PCS 

1 the President to require emergency leasing authority with 

2 respect to such agency. 

3 (b) For purposes of this section, the term ‘‘Executive 

4 agency covered by this Act’’ means any Executive agency 

5 provided funds by this Act, but does not include the Gen6 eral Services Administration or the United States Postal 

7 Service. 

8 SEC. 619. (a) There are appropriated for the fol9 lowing activities the amounts required under current law: 

10 (1) Compensation of the President (3 U.S.C. 

11 102). 

12 (2) Payments to— 

13 (A) the Judicial Officers’ Retirement Fund 

14 (28 U.S.C. 377(o)); 

15 (B) the Judicial Survivors’ Annuities Fund 

16 (28 U.S.C. 376(c)); and 

17 (C) the United States Court of Federal 

18 Claims Judges’ Retirement Fund (28 U.S.C. 

19 178(l)). 

20 (3) Payment of Government contributions— 

21 (A) with respect to the health benefits of 

22 retired employees, as authorized by chapter 89 

23 of title 5, United States Code, and the Retired 

24 Federal Employees Health Benefits Act (74 

25 Stat. 849); and 


pbinns on DSK79D2C42PROD with BILLS
257 

HR 21 PCS 

1 (B) with respect to the life insurance bene2 fits for employees retiring after December 31, 

3 1989 (5 U.S.C. ch. 87). 

4 (4) Payment to finance the unfunded liability of 

5 new and increased annuity benefits under the Civil 

6 Service Retirement and Disability Fund (5 U.S.C. 

7 8348). 

8 (5) Payment of annuities authorized to be paid 

9 from the Civil Service Retirement and Disability 

10 Fund by statutory provisions other than subchapter 

11 III of chapter 83 or chapter 84 of title 5, United 

12 States Code. 

13 (b) Nothing in this section may be construed to ex14 empt any amount appropriated by this section from any 

15 otherwise applicable limitation on the use of funds con16 tained in this Act. 

17 SEC. 620. In addition to amounts made available in 

18 prior fiscal years, the Public Company Accounting Over19 sight Board (Board) shall have authority to obligate funds 

20 for the scholarship program established by section 

21 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 

22 107–204) in an aggregate amount not exceeding the 

23 amount of funds collected by the Board between January 

24 1, 2018 and December 31, 2018, including accrued inter25 est, as a result of the assessment of monetary penalties. 


pbinns on DSK79D2C42PROD with BILLS
258 

HR 21 PCS 

1 Funds available for obligation in fiscal year 2019 shall re2 main available until expended. 

3 SEC. 621. None of the funds made available in this 

4 Act may be used by the Federal Trade Commission to 

5 complete the draft report entitled ‘‘Interagency Working 

6 Group on Food Marketed to Children: Preliminary Pro7 posed Nutrition Principles to Guide Industry Self-Regu8 latory Efforts’’ unless the Interagency Working Group on 

9 Food Marketed to Children complies with Executive Order 

10 No. 13563. 

11 SEC. 622. None of the funds in this Act may be used 

12 for the Director of the Office of Personnel Management 

13 to award a contract, enter an extension of, or exercise an 

14 option on a contract to a contractor conducting the final 

15 quality review processes for background investigation 

16 fieldwork services or background investigation support 

17 services that, as of the date of the award of the contract, 

18 are being conducted by that contractor. 

19 SEC. 623. (a) The head of each executive branch 

20 agency funded by this Act shall ensure that the Chief In21 formation Officer of the agency has the authority to par22 ticipate in decisions regarding the budget planning process 

23 related to information technology. 

24 (b) Amounts appropriated for any executive branch 

25 agency funded by this Act that are available for informaVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
259 

HR 21 PCS 

1 tion technology shall be allocated within the agency, con2 sistent with the provisions of appropriations Acts and 

3 budget guidelines and recommendations from the Director 

4 of the Office of Management and Budget, in such manner 

5 as specified by, or approved by, the Chief Information Of6 ficer of the agency in consultation with the Chief Financial 

7 Officer of the agency and budget officials. 

8 SEC. 624. None of the funds made available in this 

9 Act may be used in contravention of chapter 29, 31, or 

10 33 of title 44, United States Code. 

11 SEC. 625. None of the funds made available in this 

12 Act may be used by a governmental entity to require the 

13 disclosure by a provider of electronic communication serv14 ice to the public or remote computing service of the con15 tents of a wire or electronic communication that is in elec16 tronic storage with the provider (as such terms are defined 

17 in sections 2510 and 2711 of title 18, United States Code) 

18 in a manner that violates the Fourth Amendment to the 

19 Constitution of the United States. 

20 SEC. 626. None of the funds appropriated by this Act 

21 may be used by the Federal Communications Commission 

22 to modify, amend, or change the rules or regulations of 

23 the Commission for universal service high-cost support for 

24 competitive eligible telecommunications carriers in a way 

25 that is inconsistent with paragraph (e)(5) or (e)(6) of secVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
260 

HR 21 PCS 

1 tion 54.307 of title 47, Code of Federal Regulations, as 

2 in effect on July 15, 2015: Provided, That this section 

3 shall not prohibit the Commission from considering, devel4 oping, or adopting other support mechanisms as an alter5 native to Mobility Fund Phase II. 

6 SEC. 627. No funds provided in this Act shall be used 

7 to deny an Inspector General funded under this Act timely 

8 access to any records, documents, or other materials avail9 able to the department or agency over which that Inspec10 tor General has responsibilities under the Inspector Gen11 eral Act of 1978, or to prevent or impede that Inspector 

12 General’s access to such records, documents, or other ma13 terials, under any provision of law, except a provision of 

14 law that expressly refers to the Inspector General and ex15 pressly limits the Inspector General’s right of access. A 

16 department or agency covered by this section shall provide 

17 its Inspector General with access to all such records, docu18 ments, and other materials in a timely manner. Each In19 spector General shall ensure compliance with statutory 

20 limitations on disclosure relevant to the information pro21 vided by the establishment over which that Inspector Gen22 eral has responsibilities under the Inspector General Act 

23 of 1978. Each Inspector General covered by this section 

24 shall report to the Committees on Appropriations of the 


pbinns on DSK79D2C42PROD with BILLS
261 

HR 21 PCS 

1 House of Representatives and the Senate within 5 cal2 endar days any failures to comply with this requirement. 

3 SEC. 628. (a) None of the funds made available in 

4 this Act may be used to maintain or establish a computer 

5 network unless such network blocks the viewing, 

6 downloading, and exchanging of pornography. 

7 (b) Nothing in subsection (a) shall limit the use of 

8 funds necessary for any Federal, State, tribal, or local law 

9 enforcement agency or any other entity carrying out crimi10 nal investigations, prosecution, adjudication activities, or 

11 other law enforcement- or victim assistance-related activ12 ity. 

13 SEC. 629. None of the funds made available by this 

14 Act shall be used by the Securities and Exchange Commis15 sion to finalize, issue, or implement any rule, regulation, 

16 or order regarding the disclosure of political contributions, 

17 contributions to tax exempt organizations, or dues paid 

18 to trade associations. 

19 SEC. 630. None of the funds appropriated or other20 wise made available by this Act may be used to pay award 

21 or incentive fees for contractors whose performance has 

22 been judged to be below satisfactory, behind schedule, over 

23 budget, or has failed to meet the basic requirements of 

24 a contract, unless the Agency determines that any such 

25 deviations are due to unforeseeable events, governmentVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
262 

HR 21 PCS 

1 driven scope changes, or are not significant within the 

2 overall scope of the project and/or program and unless 

3 such awards or incentive fees are consistent with 

4 16.401(e)(2) of the FAR. 

5 SEC. 631. (a) None of the funds made available under 

6 this Act may be used to pay for travel and conference ac7 tivities that result in a total cost to an Executive branch 

8 department, agency, board or commission of more than 

9 $500,000 at any single conference unless the head of the 

10 Executive branch department, agency, board, or commis11 sion determines that such attendance is in the national 

12 interest and advance notice is transmitted to the Commit13 tees on Appropriations of the House of Representatives 

14 and the Senate that includes the basis of that determina15 tion. 

16 (b) None of the funds made available under this Act 

17 may be used to pay for the travel to or attendance of more 

18 than 50 employees, who are stationed in the United 

19 States, at any single conference occurring outside the 

20 United States unless the head of the Executive branch de21 partment, agency, board, or commission determines that 

22 such attendance is in the national interest and advance 

23 notice is transmitted to the Committees on Appropriations 

24 of the House of Representatives and the Senate that in25 cludes the basis of that determination. 


pbinns on DSK79D2C42PROD with BILLS
263 

HR 21 PCS 

1 SEC. 632. (a) None of the funds appropriated or oth2 erwise made available under this Act may be used by de3 partments and agencies funded in this Act to acquire tele4 communications equipment produced by Huawei Tech5 nologies Company, ZTE Corporation or a high-impact or 

6 moderate-impact information system, as defined for secu7 rity categorization in the National Institute of Standards 

8 and Technology’s (NIST) Federal Information Processing 

9 Standard Publication 199, ‘‘Standards for Security Cat10 egorization of Federal Information and Information Sys11 tems’’ unless the agency has— 

12 (1) reviewed the supply chain risk for the infor13 mation systems against criteria developed by NIST 

14 to inform acquisition decisions for high-impact and 

15 moderate-impact information systems within the 

16 Federal Government; 

17 (2) reviewed the supply chain risk from the pre18 sumptive awardee against available and relevant 

19 threat information provided by the Federal Bureau 

20 of Investigation and other appropriate agencies; and 

21 (3) in consultation with the Federal Bureau of 

22 Investigation or other appropriate Federal entity, 

23 conducted an assessment of any risk of cyber-espio24 nage or sabotage associated with the acquisition of 

25 such system, including any risk associated with such 


pbinns on DSK79D2C42PROD with BILLS
264 

HR 21 PCS 

1 system being produced, manufactured, or assembled 

2 by one or more entities identified by the United 

3 States Government as posing a cyber threat, includ4 ing but not limited to, those that may be owned, di5 rected, or subsidized by the People’s Republic of 

6 China, the Islamic Republic of Iran, the Democratic 

7 People’s Republic of Korea, or the Russian Federa8 tion. 

9 (b) None of the funds appropriated or otherwise 

10 made available under this Act may be used to acquire a 

11 high-impact or moderate impact information system re12 viewed and assessed under subsection (a) unless the head 

13 of the assessing entity described in subsection (a) has— 

14 (1) developed, in consultation with NIST and 

15 supply chain risk management experts, a mitigation 

16 strategy for any identified risks; 

17 (2) determined, in consultation with NIST and 

18 the Federal Bureau of Investigation, that the acqui19 sition of such system is in the vital national security 

20 interest of the United States; and 

21 (3) reported that determination to the Commit22 tees on Appropriations of the House of Representa23 tives and the Senate in a manner that identifies the 

24 system intended for acquisition and a detailed de25 scription of the mitigation strategies identified in 


pbinns on DSK79D2C42PROD with BILLS
265 

HR 21 PCS 

1 (1), provided that such report may include a classi2 fied annex as necessary. 

3 SEC. 633. None of the funds made available by this 

4 Act shall be used for airline accommodations for any offi5 cer (as defined in section 2104 of title 5, United States 

6 Code) or employee (as defined in section 2105 of title 5, 

7 United States Code) in the executive branch that are not 

8 coach-class accommodations (which term is defined, for 

9 purposes of this section, as the basic class of accommoda10 tion by airlines that is normally the lowest fare offered 

11 regardless of airline terminology used, and (as referred to 

12 by airlines) may include tourist class or economy class, 

13 as well as single class when the airline offers only one class 

14 of accommodations to all travelers), unless such accom15 modations are consistent with section 301–10.123 of title 

16 41, Code of Federal Regulations (as in effect on the date 

17 of enactment of this Act) and, with respect to subsection 

18 (a)(3) and (b)(2) of such section, written authorization is 

19 provided by the head of the agency (or, if the accommoda20 tions are for the head of the agency, by the Inspector Gen21 eral of the agency). 

22 SEC. 634. The Comptroller General of the United 

23 States, in consultation with relevant regulators, shall con24 duct a study that— 


pbinns on DSK79D2C42PROD with BILLS
266 

HR 21 PCS 

1 (1) examines the financial impact of the min2 eral pyrrhotite in concrete home foundations; and 

3 (2) provides recommendations on regulatory 

4 and legislative actions needed to help mitigate the fi5 nancial impact described in paragraph (1) on banks, 

6 mortgage lenders, tax revenues, and homeowners. 

7 TITLE VII 

8 GENERAL PROVISIONS—GOVERNMENT-WIDE 

9 DEPARTMENTS, AGENCIES, AND CORPORATIONS

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 701. No department, agency, or instrumentality 

12 of the United States receiving appropriated funds under 

13 this or any other Act for fiscal year 2019 shall obligate 

14 or expend any such funds, unless such department, agen15 cy, or instrumentality has in place, and will continue to 

16 administer in good faith, a written policy designed to en17 sure that all of its workplaces are free from the illegal 

18 use, possession, or distribution of controlled substances 

19 (as defined in the Controlled Substances Act (21 U.S.C. 

20 802)) by the officers and employees of such department, 

21 agency, or instrumentality. 

22 SEC. 702. Unless otherwise specifically provided, the 

23 maximum amount allowable during the current fiscal year 

24 in accordance with subsection 1343(c) of title 31, United 

25 States Code, for the purchase of any passenger motor veVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
267 

HR 21 PCS 

1 hicle (exclusive of buses, ambulances, law enforcement ve2 hicles, protective vehicles, and undercover surveillance ve3 hicles), is hereby fixed at $19,947 except station wagons 

4 for which the maximum shall be $19,997: Provided, That 

5 these limits may be exceeded by not to exceed $7,250 for 

6 police-type vehicles: Provided further, That the limits set 

7 forth in this section may not be exceeded by more than 

8 5 percent for electric or hybrid vehicles purchased for 

9 demonstration under the provisions of the Electric and 

10 Hybrid Vehicle Research, Development, and Demonstra11 tion Act of 1976: Provided further, That the limits set 

12 forth in this section may be exceeded by the incremental 

13 cost of clean alternative fuels vehicles acquired pursuant 

14 to Public Law 101–549 over the cost of comparable con15 ventionally fueled vehicles: Provided further, That the lim16 its set forth in this section shall not apply to any vehicle 

17 that is a commercial item and which operates on alter18 native fuel, including but not limited to electric, plug-in 

19 hybrid electric, and hydrogen fuel cell vehicles. 

20 SEC. 703. Appropriations of the executive depart21 ments and independent establishments for the current fis22 cal year available for expenses of travel, or for the ex23 penses of the activity concerned, are hereby made available 

24 for quarters allowances and cost-of-living allowances, in 

25 accordance with 5 U.S.C. 5922–5924. 


pbinns on DSK79D2C42PROD with BILLS
268 

HR 21 PCS 

1 SEC. 704. Unless otherwise specified in law during 

2 the current fiscal year, no part of any appropriation con3 tained in this or any other Act shall be used to pay the 

4 compensation of any officer or employee of the Govern5 ment of the United States (including any agency the ma6 jority of the stock of which is owned by the Government 

7 of the United States) whose post of duty is in the conti8 nental United States unless such person: (1) is a citizen 

9 of the United States; (2) is a person who is lawfully admit10 ted for permanent residence and is seeking citizenship as 

11 outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who 

12 is admitted as a refugee under 8 U.S.C. 1157 or is grant13 ed asylum under 8 U.S.C. 1158 and has filed a declaration 

14 of intention to become a lawful permanent resident and 

15 then a citizen when eligible; or (4) is a person who owes 

16 allegiance to the United States: Provided, That for pur17 poses of this section, affidavits signed by any such person 

18 shall be considered prima facie evidence that the require19 ments of this section with respect to his or her status are 

20 being complied with: Provided further, That for purposes 

21 of subsections (2) and (3) such affidavits shall be sub22 mitted prior to employment and updated thereafter as nec23 essary: Provided further, That any person making a false 

24 affidavit shall be guilty of a felony, and upon conviction, 

25 shall be fined no more than $4,000 or imprisoned for not 


pbinns on DSK79D2C42PROD with BILLS
269 

HR 21 PCS 

1 more than 1 year, or both: Provided further, That the 

2 above penal clause shall be in addition to, and not in sub3 stitution for, any other provisions of existing law: Provided 

4 further, That any payment made to any officer or em5 ployee contrary to the provisions of this section shall be 

6 recoverable in action by the Federal Government: Provided 

7 further, That this section shall not apply to any person 

8 who is an officer or employee of the Government of the 

9 United States on the date of enactment of this Act, or 

10 to international broadcasters employed by the Broad11 casting Board of Governors, or to temporary employment 

12 of translators, or to temporary employment in the field 

13 service (not to exceed 60 days) as a result of emergencies: 

14 Provided further, That this section does not apply to the 

15 employment as Wildland firefighters for not more than 

16 120 days of nonresident aliens employed by the Depart17 ment of the Interior or the USDA Forest Service pursuant 

18 to an agreement with another country. 

19 SEC. 705. Appropriations available to any depart20 ment or agency during the current fiscal year for nec21 essary expenses, including maintenance or operating ex22 penses, shall also be available for payment to the General 

23 Services Administration for charges for space and services 

24 and those expenses of renovation and alteration of build25 ings and facilities which constitute public improvements 


pbinns on DSK79D2C42PROD with BILLS
270 

HR 21 PCS 

1 performed in accordance with the Public Buildings Act of 

2 1959 (73 Stat. 479), the Public Buildings Amendments 

3 of 1972 (86 Stat. 216), or other applicable law. 

4 SEC. 706. In addition to funds provided in this or 

5 any other Act, all Federal agencies are authorized to re6 ceive and use funds resulting from the sale of materials, 

7 including Federal records disposed of pursuant to a 

8 records schedule recovered through recycling or waste pre9 vention programs. Such funds shall be available until ex10 pended for the following purposes: 

11 (1) Acquisition, waste reduction and prevention, 

12 and recycling programs as described in Executive 

13 Order No. 13693 (March 19, 2015), including any 

14 such programs adopted prior to the effective date of 

15 the Executive order. 

16 (2) Other Federal agency environmental man17 agement programs, including, but not limited to, the 

18 development and implementation of hazardous waste 

19 management and pollution prevention programs. 

20 (3) Other employee programs as authorized by 

21 law or as deemed appropriate by the head of the 

22 Federal agency. 

23 SEC. 707. Funds made available by this or any other 

24 Act for administrative expenses in the current fiscal year 

25 of the corporations and agencies subject to chapter 91 of 


pbinns on DSK79D2C42PROD with BILLS
271 

HR 21 PCS 

1 title 31, United States Code, shall be available, in addition 

2 to objects for which such funds are otherwise available, 

3 for rent in the District of Columbia; services in accordance 

4 with 5 U.S.C. 3109; and the objects specified under this 

5 head, all the provisions of which shall be applicable to the 

6 expenditure of such funds unless otherwise specified in the 

7 Act by which they are made available: Provided, That in 

8 the event any functions budgeted as administrative ex9 penses are subsequently transferred to or paid from other 

10 funds, the limitations on administrative expenses shall be 

11 correspondingly reduced. 

12 SEC. 708. No part of any appropriation contained in 

13 this or any other Act shall be available for interagency 

14 financing of boards (except Federal Executive Boards), 

15 commissions, councils, committees, or similar groups 

16 (whether or not they are interagency entities) which do 

17 not have a prior and specific statutory approval to receive 

18 financial support from more than one agency or instru19 mentality. 

20 SEC. 709. None of the funds made available pursuant 

21 to the provisions of this or any other Act shall be used 

22 to implement, administer, or enforce any regulation which 

23 has been disapproved pursuant to a joint resolution duly 

24 adopted in accordance with the applicable law of the 

25 United States. 


pbinns on DSK79D2C42PROD with BILLS
272 

HR 21 PCS 

1 SEC. 710. During the period in which the head of 

2 any department or agency, or any other officer or civilian 

3 employee of the Federal Government appointed by the 

4 President of the United States, holds office, no funds may 

5 be obligated or expended in excess of $5,000 to furnish 

6 or redecorate the office of such department head, agency 

7 head, officer, or employee, or to purchase furniture or 

8 make improvements for any such office, unless advance 

9 notice of such furnishing or redecoration is transmitted 

10 to the Committees on Appropriations of the House of Rep11 resentatives and the Senate. For the purposes of this sec12 tion, the term ‘‘office’’ shall include the entire suite of of13 fices assigned to the individual, as well as any other space 

14 used primarily by the individual or the use of which is 

15 directly controlled by the individual. 

16 SEC. 711. Notwithstanding 31 U.S.C. 1346, or sec17 tion 708 of this Act, funds made available for the current 

18 fiscal year by this or any other Act shall be available for 

19 the interagency funding of national security and emer20 gency preparedness telecommunications initiatives which 

21 benefit multiple Federal departments, agencies, or enti22 ties, as provided by Executive Order No. 13618 (July 6, 

23 2012). 

24 SEC. 712. (a) None of the funds made available by 

25 this or any other Act may be obligated or expended by 


pbinns on DSK79D2C42PROD with BILLS
273 

HR 21 PCS 

1 any department, agency, or other instrumentality of the 

2 Federal Government to pay the salaries or expenses of any 

3 individual appointed to a position of a confidential or pol4 icy-determining character that is excepted from the com5 petitive service under section 3302 of title 5, United 

6 States Code, (pursuant to schedule C of subpart C of part 

7 213 of title 5 of the Code of Federal Regulations) unless 

8 the head of the applicable department, agency, or other 

9 instrumentality employing such schedule C individual cer10 tifies to the Director of the Office of Personnel Manage11 ment that the schedule C position occupied by the indi12 vidual was not created solely or primarily in order to detail 

13 the individual to the White House. 

14 (b) The provisions of this section shall not apply to 

15 Federal employees or members of the armed forces de16 tailed to or from an element of the intelligence community 

17 (as that term is defined under section 3(4) of the National 

18 Security Act of 1947 (50 U.S.C. 3003(4))). 

19 SEC. 713. No part of any appropriation contained in 

20 this or any other Act shall be available for the payment 

21 of the salary of any officer or employee of the Federal 

22 Government, who— 

23 (1) prohibits or prevents, or attempts or threat24 ens to prohibit or prevent, any other officer or em25 ployee of the Federal Government from having any 


pbinns on DSK79D2C42PROD with BILLS
274 

HR 21 PCS 

1 direct oral or written communication or contact with 

2 any Member, committee, or subcommittee of the 

3 Congress in connection with any matter pertaining 

4 to the employment of such other officer or employee 

5 or pertaining to the department or agency of such 

6 other officer or employee in any way, irrespective of 

7 whether such communication or contact is at the ini8 tiative of such other officer or employee or in re9 sponse to the request or inquiry of such Member, 

10 committee, or subcommittee; or 

11 (2) removes, suspends from duty without pay, 

12 demotes, reduces in rank, seniority, status, pay, or 

13 performance or efficiency rating, denies promotion 

14 to, relocates, reassigns, transfers, disciplines, or dis15 criminates in regard to any employment right, enti16 tlement, or benefit, or any term or condition of em17 ployment of, any other officer or employee of the 

18 Federal Government, or attempts or threatens to 

19 commit any of the foregoing actions with respect to 

20 such other officer or employee, by reason of any 

21 communication or contact of such other officer or 

22 employee with any Member, committee, or sub23 committee of the Congress as described in paragraph 

24 (1). 


pbinns on DSK79D2C42PROD with BILLS
275 

HR 21 PCS 

1 SEC. 714. (a) None of the funds made available in 

2 this or any other Act may be obligated or expended for 

3 any employee training that— 

4 (1) does not meet identified needs for knowl5 edge, skills, and abilities bearing directly upon the 

6 performance of official duties; 

7 (2) contains elements likely to induce high lev8 els of emotional response or psychological stress in 

9 some participants; 

10 (3) does not require prior employee notification 

11 of the content and methods to be used in the train12 ing and written end of course evaluation; 

13 (4) contains any methods or content associated 

14 with religious or quasi-religious belief systems or 

15 ‘‘new age’’ belief systems as defined in Equal Em16 ployment Opportunity Commission Notice N– 

17 915.022, dated September 2, 1988; or 

18 (5) is offensive to, or designed to change, par19 ticipants’ personal values or lifestyle outside the 

20 workplace. 

21 (b) Nothing in this section shall prohibit, restrict, or 

22 otherwise preclude an agency from conducting training 

23 bearing directly upon the performance of official duties. 

24 SEC. 715. No part of any funds appropriated in this 

25 or any other Act shall be used by an agency of the execuVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
276 

HR 21 PCS 

1 tive branch, other than for normal and recognized execu2 tive-legislative relationships, for publicity or propaganda 

3 purposes, and for the preparation, distribution or use of 

4 any kit, pamphlet, booklet, publication, radio, television, 

5 or film presentation designed to support or defeat legisla6 tion pending before the Congress, except in presentation 

7 to the Congress itself. 

8 SEC. 716. None of the funds appropriated by this or 

9 any other Act may be used by an agency to provide a Fed10 eral employee’s home address to any labor organization 

11 except when the employee has authorized such disclosure 

12 or when such disclosure has been ordered by a court of 

13 competent jurisdiction. 

14 SEC. 717. None of the funds made available in this 

15 or any other Act may be used to provide any non-public 

16 information such as mailing, telephone or electronic mail17 ing lists to any person or any organization outside of the 

18 Federal Government without the approval of the Commit19 tees on Appropriations of the House of Representatives 

20 and the Senate. 

21 SEC. 718. No part of any appropriation contained in 

22 this or any other Act shall be used directly or indirectly, 

23 including by private contractor, for publicity or propa24 ganda purposes within the United States not heretofore 

25 authorized by Congress. 


pbinns on DSK79D2C42PROD with BILLS
277 

HR 21 PCS 

1 SEC. 719. (a) In this section, the term ‘‘agency’’— 

2 (1) means an Executive agency, as defined 

3 under 5 U.S.C. 105; and 

4 (2) includes a military department, as defined 

5 under section 102 of such title, the United States 

6 Postal Service, and the Postal Regulatory Commis7 sion. 

8 (b) Unless authorized in accordance with law or regu9 lations to use such time for other purposes, an employee 

10 of an agency shall use official time in an honest effort 

11 to perform official duties. An employee not under a leave 

12 system, including a Presidential appointee exempted under 

13 5 U.S.C. 6301(2), has an obligation to expend an honest 

14 effort and a reasonable proportion of such employee’s time 

15 in the performance of official duties. 

16 SEC. 720. Notwithstanding 31 U.S.C. 1346 and sec17 tion 708 of this Act, funds made available for the current 

18 fiscal year by this or any other Act to any department 

19 or agency, which is a member of the Federal Accounting 

20 Standards Advisory Board (FASAB), shall be available to 

21 finance an appropriate share of FASAB administrative 

22 costs. 

23 SEC. 721. Notwithstanding 31 U.S.C. 1346 and sec24 tion 708 of this Act, the head of each Executive depart25 ment and agency is hereby authorized to transfer to or 


pbinns on DSK79D2C42PROD with BILLS
278 

HR 21 PCS 

1 reimburse ‘‘General Services Administration, Government2 wide Policy’’ with the approval of the Director of the Of3 fice of Management and Budget, funds made available for 

4 the current fiscal year by this or any other Act, including 

5 rebates from charge card and other contracts: Provided, 

6 That these funds shall be administered by the Adminis7 trator of General Services to support Government-wide 

8 and other multi-agency financial, information technology, 

9 procurement, and other management innovations, initia10 tives, and activities, including improving coordination and 

11 reducing duplication, as approved by the Director of the 

12 Office of Management and Budget, in consultation with 

13 the appropriate interagency and multi-agency groups des14 ignated by the Director (including the President’s Man15 agement Council for overall management improvement ini16 tiatives, the Chief Financial Officers Council for financial 

17 management initiatives, the Chief Information Officers 

18 Council for information technology initiatives, the Chief 

19 Human Capital Officers Council for human capital initia20 tives, the Chief Acquisition Officers Council for procure21 ment initiatives, and the Performance Improvement Coun22 cil for performance improvement initiatives): Provided fur23 ther, That the total funds transferred or reimbursed shall 

24 not exceed $15,000,000 to improve coordination, reduce 

25 duplication, and for other activities related to Federal 


pbinns on DSK79D2C42PROD with BILLS
279 

HR 21 PCS 

1 Government Priority Goals established by 31 U.S.C. 1120, 

2 and not to exceed $17,000,000 for Government-Wide inno3 vations, initiatives, and activities: Provided further, That 

4 the funds transferred to or for reimbursement of ‘‘General 

5 Services Administration, Government-wide Policy’’ during 

6 fiscal year 2019 shall remain available for obligation 

7 through September 30, 2020: Provided further, That such 

8 transfers or reimbursements may only be made after 15 

9 days following notification of the Committees on Appro10 priations of the House of Representatives and the Senate 

11 by the Director of the Office of Management and Budget. 

12 SEC. 722. Notwithstanding any other provision of 

13 law, a woman may breastfeed her child at any location 

14 in a Federal building or on Federal property, if the woman 

15 and her child are otherwise authorized to be present at 

16 the location. 

17 SEC. 723. Notwithstanding 31 U.S.C. 1346, or sec18 tion 708 of this Act, funds made available for the current 

19 fiscal year by this or any other Act shall be available for 

20 the interagency funding of specific projects, workshops, 

21 studies, and similar efforts to carry out the purposes of 

22 the National Science and Technology Council (authorized 

23 by Executive Order No. 12881), which benefit multiple 

24 Federal departments, agencies, or entities: Provided, That 

25 the Office of Management and Budget shall provide a reVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
280 

HR 21 PCS 

1 port describing the budget of and resources connected with 

2 the National Science and Technology Council to the Com3 mittees on Appropriations, the House Committee on 

4 Science and Technology, and the Senate Committee on 

5 Commerce, Science, and Transportation 90 days after en6 actment of this Act. 

7 SEC. 724. Any request for proposals, solicitation, 

8 grant application, form, notification, press release, or 

9 other publications involving the distribution of Federal 

10 funds shall comply with any relevant requirements in part 

11 200 of title 2, Code of Federal Regulations: Provided, 

12 That this section shall apply to direct payments, formula 

13 funds, and grants received by a State receiving Federal 

14 funds. 

15 SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY

16 MONITORING OF INDIVIDUALS’ INTERNET USE.—None of 

17 the funds made available in this or any other Act may 

18 be used by any Federal agency— 

19 (1) to collect, review, or create any aggregation 

20 of data, derived from any means, that includes any 

21 personally identifiable information relating to an in22 dividual’s access to or use of any Federal Govern23 ment Internet site of the agency; or 

24 (2) to enter into any agreement with a third 

25 party (including another government agency) to colVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
281 

HR 21 PCS 

1 lect, review, or obtain any aggregation of data, de2 rived from any means, that includes any personally 

3 identifiable information relating to an individual’s 

4 access to or use of any nongovernmental Internet 

5 site. 

6 (b) EXCEPTIONS.—The limitations established in 

7 subsection (a) shall not apply to— 

8 (1) any record of aggregate data that does not 

9 identify particular persons; 

10 (2) any voluntary submission of personally iden11 tifiable information; 

12 (3) any action taken for law enforcement, regu13 latory, or supervisory purposes, in accordance with 

14 applicable law; or 

15 (4) any action described in subsection (a)(1) 

16 that is a system security action taken by the oper17 ator of an Internet site and is necessarily incident 

18 to providing the Internet site services or to pro19 tecting the rights or property of the provider of the 

20 Internet site. 

21 (c) DEFINITIONS.—For the purposes of this section: 

22 (1) The term ‘‘regulatory’’ means agency ac23 tions to implement, interpret or enforce authorities 

24 provided in law. 


pbinns on DSK79D2C42PROD with BILLS
282 

HR 21 PCS 

1 (2) The term ‘‘supervisory’’ means examina2 tions of the agency’s supervised institutions, includ3 ing assessing safety and soundness, overall financial 

4 condition, management practices and policies and 

5 compliance with applicable standards as provided in 

6 law. 

7 SEC. 726. (a) None of the funds appropriated by this 

8 Act may be used to enter into or renew a contract which 

9 includes a provision providing prescription drug coverage, 

10 except where the contract also includes a provision for con11 traceptive coverage. 

12 (b) Nothing in this section shall apply to a contract 

13 with— 

14 (1) any of the following religious plans: 

15 (A) Personal Care’s HMO; and 

16 (B) OSF HealthPlans, Inc.; and 

17 (2) any existing or future plan, if the carrier 

18 for the plan objects to such coverage on the basis of 

19 religious beliefs. 

20 (c) In implementing this section, any plan that enters 

21 into or renews a contract under this section may not sub22 ject any individual to discrimination on the basis that the 

23 individual refuses to prescribe or otherwise provide for 

24 contraceptives because such activities would be contrary 

25 to the individual’s religious beliefs or moral convictions. 


pbinns on DSK79D2C42PROD with BILLS
283 

HR 21 PCS 

1 (d) Nothing in this section shall be construed to re2 quire coverage of abortion or abortion-related services. 

3 SEC. 727. The United States is committed to ensur4 ing the health of its Olympic, Pan American, and 

5 Paralympic athletes, and supports the strict adherence to 

6 anti-doping in sport through testing, adjudication, edu7 cation, and research as performed by nationally recognized 

8 oversight authorities. 

9 SEC. 728. Notwithstanding any other provision of 

10 law, funds appropriated for official travel to Federal de11 partments and agencies may be used by such departments 

12 and agencies, if consistent with Office of Management and 

13 Budget Circular A–126 regarding official travel for Gov14 ernment personnel, to participate in the fractional aircraft 

15 ownership pilot program. 

16 SEC. 729. Notwithstanding any other provision of 

17 law, none of the funds appropriated or made available 

18 under this or any other appropriations Act may be used 

19 to implement or enforce restrictions or limitations on the 

20 Coast Guard Congressional Fellowship Program, or to im21 plement the proposed regulations of the Office of Per22 sonnel Management to add sections 300.311 through 

23 300.316 to part 300 of title 5 of the Code of Federal Reg24 ulations, published in the Federal Register, volume 68, 


pbinns on DSK79D2C42PROD with BILLS
284 

HR 21 PCS 

1 number 174, on September 9, 2003 (relating to the detail 

2 of executive branch employees to the legislative branch). 

3 SEC. 730. Notwithstanding any other provision of 

4 law, no executive branch agency shall purchase, construct, 

5 or lease any additional facilities, except within or contig6 uous to existing locations, to be used for the purpose of 

7 conducting Federal law enforcement training without the 

8 advance approval of the Committees on Appropriations of 

9 the House of Representatives and the Senate, except that 

10 the Federal Law Enforcement Training Center is author11 ized to obtain the temporary use of additional facilities 

12 by lease, contract, or other agreement for training which 

13 cannot be accommodated in existing Center facilities. 

14 SEC. 731. Unless otherwise authorized by existing 

15 law, none of the funds provided in this or any other Act 

16 may be used by an executive branch agency to produce 

17 any prepackaged news story intended for broadcast or dis18 tribution in the United States, unless the story includes 

19 a clear notification within the text or audio of the pre20 packaged news story that the prepackaged news story was 

21 prepared or funded by that executive branch agency. 

22 SEC. 732. None of the funds made available in this 

23 Act may be used in contravention of section 552a of title 

24 5, United States Code (popularly known as the Privacy 

25 Act), and regulations implementing that section. 


pbinns on DSK79D2C42PROD with BILLS
285 

HR 21 PCS 

1 SEC. 733. (a) IN GENERAL.—None of the funds ap2 propriated or otherwise made available by this or any 

3 other Act may be used for any Federal Government con4 tract with any foreign incorporated entity which is treated 

5 as an inverted domestic corporation under section 835(b) 

6 of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 

7 or any subsidiary of such an entity. 

8 (b) WAIVERS.— 

9 (1) IN GENERAL.—Any Secretary shall waive 

10 subsection (a) with respect to any Federal Govern11 ment contract under the authority of such Secretary 

12 if the Secretary determines that the waiver is re13 quired in the interest of national security. 

14 (2) REPORT TO CONGRESS.—Any Secretary 

15 issuing a waiver under paragraph (1) shall report 

16 such issuance to Congress. 

17 (c) EXCEPTION.—This section shall not apply to any 

18 Federal Government contract entered into before the date 

19 of the enactment of this Act, or to any task order issued 

20 pursuant to such contract. 

21 SEC. 734. During fiscal year 2019, for each employee 

22 who— 

23 (1) retires under section 8336(d)(2) or 

24 8414(b)(1)(B) of title 5, United States Code; or 


pbinns on DSK79D2C42PROD with BILLS
286 

HR 21 PCS 

1 (2) retires under any other provision of sub2 chapter III of chapter 83 or chapter 84 of such title 

3 5 and receives a payment as an incentive to sepa4 rate, the separating agency shall remit to the Civil 

5 Service Retirement and Disability Fund an amount 

6 equal to the Office of Personnel Management’s aver7 age unit cost of processing a retirement claim for 

8 the preceding fiscal year. Such amounts shall be 

9 available until expended to the Office of Personnel 

10 Management and shall be deemed to be an adminis11 trative expense under section 8348(a)(1)(B) of title 

12 5, United States Code. 

13 SEC. 735. (a) None of the funds made available in 

14 this or any other Act may be used to recommend or re15 quire any entity submitting an offer for a Federal contract 

16 to disclose any of the following information as a condition 

17 of submitting the offer: 

18 (1) Any payment consisting of a contribution, 

19 expenditure, independent expenditure, or disburse20 ment for an electioneering communication that is 

21 made by the entity, its officers or directors, or any 

22 of its affiliates or subsidiaries to a candidate for 

23 election for Federal office or to a political com24 mittee, or that is otherwise made with respect to any 

25 election for Federal office. 


pbinns on DSK79D2C42PROD with BILLS
287 

HR 21 PCS 

1 (2) Any disbursement of funds (other than a 

2 payment described in paragraph (1)) made by the 

3 entity, its officers or directors, or any of its affiliates 

4 or subsidiaries to any person with the intent or the 

5 reasonable expectation that the person will use the 

6 funds to make a payment described in paragraph 

7 (1). 

8 (b) In this section, each of the terms ‘‘contribution’’, 

9 ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘election10 eering communication’’, ‘‘candidate’’, ‘‘election’’, and 

11 ‘‘Federal office’’ has the meaning given such term in the 

12 Federal Election Campaign Act of 1971 (52 U.S.C. 30101 

13 et seq.). 

14 SEC. 736. None of the funds made available in this 

15 or any other Act may be used to pay for the painting of 

16 a portrait of an officer or employee of the Federal govern17 ment, including the President, the Vice President, a mem18 ber of Congress (including a Delegate or a Resident Com19 missioner to Congress), the head of an executive branch 

20 agency (as defined in section 133 of title 41, United States 

21 Code), or the head of an office of the legislative branch. 

22 SEC. 737. (a)(1) Notwithstanding any other provision 

23 of law, and except as otherwise provided in this section, 

24 no part of any of the funds appropriated for fiscal year 

25 2019, by this or any other Act, may be used to pay any 


pbinns on DSK79D2C42PROD with BILLS
288 

HR 21 PCS 

1 prevailing rate employee described in section 

2 5342(a)(2)(A) of title 5, United States Code— 

3 (A) during the period from the date of expira4 tion of the limitation imposed by the comparable sec5 tion for the previous fiscal years until the normal ef6 fective date of the applicable wage survey adjust7 ment that is to take effect in fiscal year 2019, in an 

8 amount that exceeds the rate payable for the appli9 cable grade and step of the applicable wage schedule 

10 in accordance with such section; and 

11 (B) during the period consisting of the remain12 der of fiscal year 2019, in an amount that exceeds, 

13 as a result of a wage survey adjustment, the rate 

14 payable under subparagraph (A) by more than the 

15 sum of— 

16 (i) the percentage adjustment taking effect 

17 in fiscal year 2019 under section 5303 of title 

18 5, United States Code, in the rates of pay 

19 under the General Schedule; and 

20 (ii) the difference between the overall aver21 age percentage of the locality-based com22 parability payments taking effect in fiscal year 

23 2019 under section 5304 of such title (whether 

24 by adjustment or otherwise), and the overall av25 erage percentage of such payments which was 


pbinns on DSK79D2C42PROD with BILLS
289 

HR 21 PCS 

1 effective in the previous fiscal year under such 

2 section. 

3 (2) Notwithstanding any other provision of law, no 

4 prevailing rate employee described in subparagraph (B) or 

5 (C) of section 5342(a)(2) of title 5, United States Code, 

6 and no employee covered by section 5348 of such title, 

7 may be paid during the periods for which paragraph (1) 

8 is in effect at a rate that exceeds the rates that would 

9 be payable under paragraph (1) were paragraph (1) appli10 cable to such employee. 

11 (3) For the purposes of this subsection, the rates pay12 able to an employee who is covered by this subsection and 

13 who is paid from a schedule not in existence on September 

14 30, 2018, shall be determined under regulations pre15 scribed by the Office of Personnel Management. 

16 (4) Notwithstanding any other provision of law, rates 

17 of premium pay for employees subject to this subsection 

18 may not be changed from the rates in effect on September 

19 30, 2018, except to the extent determined by the Office 

20 of Personnel Management to be consistent with the pur21 pose of this subsection. 

22 (5) This subsection shall apply with respect to pay 

23 for service performed after September 30, 2018. 

24 (6) For the purpose of administering any provision 

25 of law (including any rule or regulation that provides preVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
290 

HR 21 PCS 

1 mium pay, retirement, life insurance, or any other em2 ployee benefit) that requires any deduction or contribu3 tion, or that imposes any requirement or limitation on the 

4 basis of a rate of salary or basic pay, the rate of salary 

5 or basic pay payable after the application of this sub6 section shall be treated as the rate of salary or basic pay. 

7 (7) Nothing in this subsection shall be considered to 

8 permit or require the payment to any employee covered 

9 by this subsection at a rate in excess of the rate that would 

10 be payable were this subsection not in effect. 

11 (8) The Office of Personnel Management may provide 

12 for exceptions to the limitations imposed by this sub13 section if the Office determines that such exceptions are 

14 necessary to ensure the recruitment or retention of quali15 fied employees. 

16 (b) Notwithstanding subsection (a), the adjustment 

17 in rates of basic pay for the statutory pay systems that 

18 take place in fiscal year 2019 under sections 5344 and 

19 5348 of title 5, United States Code, shall be— 

20 (1) not less than the percentage received by em21 ployees in the same location whose rates of basic pay 

22 are adjusted pursuant to the statutory pay systems 

23 under sections 5303 and 5304 of title 5, United 

24 States Code: Provided, That prevailing rate employ25 ees at locations where there are no employees whose 


pbinns on DSK79D2C42PROD with BILLS
291 

HR 21 PCS 

1 pay is increased pursuant to sections 5303 and 5304 

2 of title 5, United States Code, and prevailing rate 

3 employees described in section 5343(a)(5) of title 5, 

4 United States Code, shall be considered to be located 

5 in the pay locality designated as ‘‘Rest of United 

6 States’’ pursuant to section 5304 of title 5, United 

7 States Code, for purposes of this subsection; and 

8 (2) effective as of the first day of the first ap9 plicable pay period beginning after September 30, 

10 2018. 

11 SEC. 738. (a) The Vice President may not receive a 

12 pay raise in calendar year 2019, notwithstanding the rate 

13 adjustment made under section 104 of title 3, United 

14 States Code, or any other provision of law. 

15 (b) An employee serving in an Executive Schedule po16 sition, or in a position for which the rate of pay is fixed 

17 by statute at an Executive Schedule rate, may not receive 

18 a pay rate increase in calendar year 2019, notwith19 standing schedule adjustments made under section 5318 

20 of title 5, United States Code, or any other provision of 

21 law, except as provided in subsection (g), (h), or (i). This 

22 subsection applies only to employees who are holding a po23 sition under a political appointment. 

24 (c) A chief of mission or ambassador at large may 

25 not receive a pay rate increase in calendar year 2019, notVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
292 

HR 21 PCS 

1 withstanding section 401 of the Foreign Service Act of 

2 1980 (Public Law 96–465) or any other provision of law, 

3 except as provided in subsection (g), (h), or (i). 

4 (d) Notwithstanding sections 5382 and 5383 of title 

5 5, United States Code, a pay rate increase may not be 

6 received in calendar year 2019 (except as provided in sub7 section (g), (h), or (i)) by— 

8 (1) a noncareer appointee in the Senior Execu9 tive Service paid a rate of basic pay at or above level 

10 IV of the Executive Schedule; or 

11 (2) a limited term appointee or limited emer12 gency appointee in the Senior Executive Service 

13 serving under a political appointment and paid a 

14 rate of basic pay at or above level IV of the Execu15 tive Schedule. 

16 (e) Any employee paid a rate of basic pay (including 

17 any locality-based payments under section 5304 of title 

18 5, United States Code, or similar authority) at or above 

19 level IV of the Executive Schedule who serves under a po20 litical appointment may not receive a pay rate increase 

21 in calendar year 2019, notwithstanding any other provi22 sion of law, except as provided in subsection (g), (h), or 

23 (i). This subsection does not apply to employees in the 

24 General Schedule pay system or the Foreign Service pay 

25 system, or to employees appointed under section 3161 of 


pbinns on DSK79D2C42PROD with BILLS
293 

HR 21 PCS 

1 title 5, United States Code, or to employees in another 

2 pay system whose position would be classified at GS–15 

3 or below if chapter 51 of title 5, United States Code, ap4 plied to them. 

5 (f) Nothing in subsections (b) through (e) shall pre6 vent employees who do not serve under a political appoint7 ment from receiving pay increases as otherwise provided 

8 under applicable law. 

9 (g) A career appointee in the Senior Executive Serv10 ice who receives a Presidential appointment and who 

11 makes an election to retain Senior Executive Service basic 

12 pay entitlements under section 3392 of title 5, United 

13 States Code, is not subject to this section. 

14 (h) A member of the Senior Foreign Service who re15 ceives a Presidential appointment to any position in the 

16 executive branch and who makes an election to retain Sen17 ior Foreign Service pay entitlements under section 302(b) 

18 of the Foreign Service Act of 1980 (Public Law 96–465) 

19 is not subject to this section. 

20 (i) Notwithstanding subsections (b) through (e), an 

21 employee in a covered position may receive a pay rate in22 crease upon an authorized movement to a different cov23 ered position with higher-level duties and a pre-established 

24 higher level or range of pay, except that any such increase 


pbinns on DSK79D2C42PROD with BILLS
294 

HR 21 PCS 

1 must be based on the rates of pay and applicable pay limi2 tations in effect on December 31, 2013. 

3 (j) Notwithstanding any other provision of law, for 

4 an individual who is newly appointed to a covered position 

5 during the period of time subject to this section, the initial 

6 pay rate shall be based on the rates of pay and applicable 

7 pay limitations in effect on December 31, 2013. 

8 (k) If an employee affected by subsections (b) 

9 through (e) is subject to a biweekly pay period that begins 

10 in calendar year 2019 but ends in calendar year 2020, 

11 the bar on the employee’s receipt of pay rate increases 

12 shall apply through the end of that pay period. 

13 SEC. 739. (a) The head of any Executive branch de14 partment, agency, board, commission, or office funded by 

15 this or any other appropriations Act shall submit annual 

16 reports to the Inspector General or senior ethics official 

17 for any entity without an Inspector General, regarding the 

18 costs and contracting procedures related to each con19 ference held by any such department, agency, board, com20 mission, or office during fiscal year 2019 for which the 

21 cost to the United States Government was more than 

22 $100,000. 

23 (b) Each report submitted shall include, for each con24 ference described in subsection (a) held during the applica25 ble period— 


pbinns on DSK79D2C42PROD with BILLS
295 

HR 21 PCS 

1 (1) a description of its purpose; 

2 (2) the number of participants attending; 

3 (3) a detailed statement of the costs to the 

4 United States Government, including— 

5 (A) the cost of any food or beverages; 

6 (B) the cost of any audio-visual services; 

7 (C) the cost of employee or contractor 

8 travel to and from the conference; and 

9 (D) a discussion of the methodology used 

10 to determine which costs relate to the con11 ference; and 

12 (4) a description of the contracting procedures 

13 used including— 

14 (A) whether contracts were awarded on a 

15 competitive basis; and 

16 (B) a discussion of any cost comparison 

17 conducted by the departmental component or 

18 office in evaluating potential contractors for the 

19 conference. 

20 (c) Within 15 days after the end of a quarter, the 

21 head of any such department, agency, board, commission, 

22 or office shall notify the Inspector General or senior ethics 

23 official for any entity without an Inspector General, of the 

24 date, location, and number of employees attending a con25 ference held by any Executive branch department, agency, 


pbinns on DSK79D2C42PROD with BILLS
296 

HR 21 PCS 

1 board, commission, or office funded by this or any other 

2 appropriations Act during fiscal year 2019 for which the 

3 cost to the United States Government was more than 

4 $20,000. 

5 (d) A grant or contract funded by amounts appro6 priated by this or any other appropriations Act may not 

7 be used for the purpose of defraying the costs of a con8 ference described in subsection (c) that is not directly and 

9 programmatically related to the purpose for which the 

10 grant or contract was awarded, such as a conference held 

11 in connection with planning, training, assessment, review, 

12 or other routine purposes related to a project funded by 

13 the grant or contract. 

14 (e) None of the funds made available in this or any 

15 other appropriations Act may be used for travel and con16 ference activities that are not in compliance with Office 

17 of Management and Budget Memorandum M–12–12 

18 dated May 11, 2012 or any subsequent revisions to that 

19 memorandum. 

20 SEC. 740. None of the funds made available in this 

21 or any other appropriations Act may be used to increase, 

22 eliminate, or reduce funding for a program, project, or ac23 tivity as proposed in the President’s budget request for 

24 a fiscal year until such proposed change is subsequently 

25 enacted in an appropriation Act, or unless such change 


pbinns on DSK79D2C42PROD with BILLS
297 

HR 21 PCS 

1 is made pursuant to the reprogramming or transfer provi2 sions of this or any other appropriations Act. 

3 SEC. 741. None of the funds made available by this 

4 or any other Act may be used to implement, administer, 

5 enforce, or apply the rule entitled ‘‘Competitive Area’’ 

6 published by the Office of Personnel Management in the 

7 Federal Register on April 15, 2008 (73 Fed. Reg. 20180 

8 et seq.). 

9 SEC. 742. None of the funds appropriated or other10 wise made available by this or any other Act may be used 

11 to begin or announce a study or public-private competition 

12 regarding the conversion to contractor performance of any 

13 function performed by Federal employees pursuant to Of14 fice of Management and Budget Circular A–76 or any 

15 other administrative regulation, directive, or policy. 

16 SEC. 743. (a) None of the funds appropriated or oth17 erwise made available by this or any other Act may be 

18 available for a contract, grant, or cooperative agreement 

19 with an entity that requires employees or contractors of 

20 such entity seeking to report fraud, waste, or abuse to sign 

21 internal confidentiality agreements or statements prohib22 iting or otherwise restricting such employees or contrac23 tors from lawfully reporting such waste, fraud, or abuse 

24 to a designated investigative or law enforcement representVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
298 

HR 21 PCS 

1 ative of a Federal department or agency authorized to re2 ceive such information. 

3 (b) The limitation in subsection (a) shall not con4 travene requirements applicable to Standard Form 312, 

5 Form 4414, or any other form issued by a Federal depart6 ment or agency governing the nondisclosure of classified 

7 information. 

8 SEC. 744. (a) No funds appropriated in this or any 

9 other Act may be used to implement or enforce the agree10 ments in Standard Forms 312 and 4414 of the Govern11 ment or any other nondisclosure policy, form, or agree12 ment if such policy, form, or agreement does not contain 

13 the following provisions: ‘‘These provisions are consistent 

14 with and do not supersede, conflict with, or otherwise alter 

15 the employee obligations, rights, or liabilities created by 

16 existing statute or Executive order relating to (1) classi17 fied information, (2) communications to Congress, (3) the 

18 reporting to an Inspector General of a violation of any 

19 law, rule, or regulation, or mismanagement, a gross waste 

20 of funds, an abuse of authority, or a substantial and spe21 cific danger to public health or safety, or (4) any other 

22 whistleblower protection. The definitions, requirements, 

23 obligations, rights, sanctions, and liabilities created by 

24 controlling Executive orders and statutory provisions are 

25 incorporated into this agreement and are controlling.’’: 


pbinns on DSK79D2C42PROD with BILLS
299 

HR 21 PCS 

1 Provided, That notwithstanding the preceding provision of 

2 this section, a nondisclosure policy form or agreement that 

3 is to be executed by a person connected with the conduct 

4 of an intelligence or intelligence-related activity, other 

5 than an employee or officer of the United States Govern6 ment, may contain provisions appropriate to the particular 

7 activity for which such document is to be used. Such form 

8 or agreement shall, at a minimum, require that the person 

9 will not disclose any classified information received in the 

10 course of such activity unless specifically authorized to do 

11 so by the United States Government. Such nondisclosure 

12 forms shall also make it clear that they do not bar disclo13 sures to Congress, or to an authorized official of an execu14 tive agency or the Department of Justice, that are essen15 tial to reporting a substantial violation of law. 

16 (b) A nondisclosure agreement may continue to be 

17 implemented and enforced notwithstanding subsection (a) 

18 if it complies with the requirements for such agreement 

19 that were in effect when the agreement was entered into. 

20 (c) No funds appropriated in this or any other Act 

21 may be used to implement or enforce any agreement en22 tered into during fiscal year 2014 which does not contain 

23 substantially similar language to that required in sub24 section (a). 


pbinns on DSK79D2C42PROD with BILLS
300 

HR 21 PCS 

1 SEC. 745. None of the funds made available by this 

2 or any other Act may be used to enter into a contract, 

3 memorandum of understanding, or cooperative agreement 

4 with, make a grant to, or provide a loan or loan guarantee 

5 to, any corporation that has any unpaid Federal tax liabil6 ity that has been assessed, for which all judicial and ad7 ministrative remedies have been exhausted or have lapsed, 

8 and that is not being paid in a timely manner pursuant 

9 to an agreement with the authority responsible for col10 lecting the tax liability, where the awarding agency is 

11 aware of the unpaid tax liability, unless a Federal agency 

12 has considered suspension or debarment of the corporation 

13 and has made a determination that this further action is 

14 not necessary to protect the interests of the Government. 

15 SEC. 746. None of the funds made available by this 

16 or any other Act may be used to enter into a contract, 

17 memorandum of understanding, or cooperative agreement 

18 with, make a grant to, or provide a loan or loan guarantee 

19 to, any corporation that was convicted of a felony criminal 

20 violation under any Federal law within the preceding 24 

21 months, where the awarding agency is aware of the convic22 tion, unless a Federal agency has considered suspension 

23 or debarment of the corporation and has made a deter24 mination that this further action is not necessary to pro25 tect the interests of the Government. 


pbinns on DSK79D2C42PROD with BILLS
301 

HR 21 PCS 

1 SEC. 747. (a) During fiscal year 2019, on the date 

2 on which a request is made for a transfer of funds in ac3 cordance with section 1017 of Public Law 111–203, the 

4 Bureau of Consumer Financial Protection shall notify the 

5 Committees on Appropriations of the House of Represent6 atives and the Senate, the Committee on Financial Serv7 ices of the House of Representatives, and the Committee 

8 on Banking, Housing, and Urban Affairs of the Senate 

9 of such request. 

10 (b) Any notification required by this section shall be 

11 made available on the Bureau’s public Web site. 

12 SEC. 748. If, for fiscal year 2019, new budget author13 ity provided in appropriations Acts exceeds the discre14 tionary spending limit for any category set forth in section 

15 251(c) of the Balanced Budget and Emergency Deficit 

16 Control Act of 1985 due to estimating differences with the 

17 Congressional Budget Office, an adjustment to the discre18 tionary spending limit in such category for fiscal year 

19 2019 shall be made by the Director of the Office of Man20 agement and Budget in the amount of the excess but the 

21 total of all such adjustments shall not exceed 0.2 percent 

22 of the sum of the adjusted discretionary spending limits 

23 for all categories for that fiscal year. 

24 SEC. 749. (a) The adjustment in rates of basic pay 

25 for employees under the statutory pay systems that takes 


pbinns on DSK79D2C42PROD with BILLS
302 

HR 21 PCS 

1 effect in fiscal year 2019 under section 5303 of title 5, 

2 United States Code, shall be an increase of 1.4 percent, 

3 and the overall average percentage of the adjustments tak4 ing effect in such fiscal year under sections 5304 and 

5 5304a of such title 5 shall be an increase of 0.5 percent 

6 (with comparability payments to be determined and allo7 cated among pay localities by the President). All adjust8 ments under this subsection shall be effective as of the 

9 first day of the first applicable pay period beginning on 

10 or after January 1, 2019. 

11 (b) Notwithstanding section 737, the adjustment in 

12 rates of basic pay for the statutory pay systems that take 

13 place in fiscal year 2019 under sections 5344 and 5348 

14 of title 5, United States Code, shall be no less than the 

15 percentages in subsection (a) as employees in the same 

16 location whose rates of basic pay are adjusted pursuant 

17 to the statutory pay systems under section 5303, 5304, 

18 and 5304a of title 5, United States Code. Prevailing rate 

19 employees at locations where there are no employees whose 

20 pay is increased pursuant to sections 5303, 5304, and 

21 5304a of such title 5 and prevailing rate employees de22 scribed in section 5343(a)(5) of such title 5 shall be con23 sidered to be located in the pay locality designated as 

24 ′′Rest of U.S.′′ pursuant to section 5304 of such title 5 

25 for purposes of this subsection. 


pbinns on DSK79D2C42PROD with BILLS
303 

HR 21 PCS 

1 (c) Funds used to carry out this section shall be paid 

2 from appropriations, which are made to each applicable 

3 department or agency for salaries and expenses for fiscal 

4 year 2019. 

5 SEC. 750. Except as expressly provided otherwise, 

6 any reference to ‘‘this Act’’ contained in any title other 

7 than title IV or VIII shall not apply to such title IV or 

8 VIII. 

9 TITLE VIII 

10 GENERAL PROVISIONS—DISTRICT OF 

11 COLUMBIA 

12 (INCLUDING TRANSFERS OF FUNDS)

13 SEC. 801. There are appropriated from the applicable 

14 funds of the District of Columbia such sums as may be 

15 necessary for making refunds and for the payment of legal 

16 settlements or judgments that have been entered against 

17 the District of Columbia government. 

18 SEC. 802. None of the Federal funds provided in this 

19 Act shall be used for publicity or propaganda purposes or 

20 implementation of any policy including boycott designed 

21 to support or defeat legislation pending before Congress 

22 or any State legislature. 

23 SEC. 803. (a) None of the Federal funds provided 

24 under this Act to the agencies funded by this Act, both 

25 Federal and District government agencies, that remain 


pbinns on DSK79D2C42PROD with BILLS
304 

HR 21 PCS 

1 available for obligation or expenditure in fiscal year 2019, 

2 or provided from any accounts in the Treasury of the 

3 United States derived by the collection of fees available 

4 to the agencies funded by this Act, shall be available for 

5 obligation or expenditures for an agency through a re6 programming of funds which— 

7 (1) creates new programs; 

8 (2) eliminates a program, project, or responsi9 bility center; 

10 (3) establishes or changes allocations specifi11 cally denied, limited or increased under this Act; 

12 (4) increases funds or personnel by any means 

13 for any program, project, or responsibility center for 

14 which funds have been denied or restricted; 

15 (5) re-establishes any program or project pre16 viously deferred through reprogramming; 

17 (6) augments any existing program, project, or 

18 responsibility center through a reprogramming of 

19 funds in excess of $3,000,000 or 10 percent, which20 ever is less; or 

21 (7) increases by 20 percent or more personnel 

22 assigned to a specific program, project or responsi23 bility center, 


pbinns on DSK79D2C42PROD with BILLS
305 

HR 21 PCS 

1 unless prior approval is received from the Committees on 

2 Appropriations of the House of Representatives and the 

3 Senate. 

4 (b) The District of Columbia government is author5 ized to approve and execute reprogramming and transfer 

6 requests of local funds under this title through November 

7 7, 2019. 

8 SEC. 804. None of the Federal funds provided in this 

9 Act may be used by the District of Columbia to provide 

10 for salaries, expenses, or other costs associated with the 

11 offices of United States Senator or United States Rep12 resentative under section 4(d) of the District of Columbia 

13 Statehood Constitutional Convention Initiatives of 1979 

14 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 

15 SEC. 805. Except as otherwise provided in this sec16 tion, none of the funds made available by this Act or by 

17 any other Act may be used to provide any officer or em18 ployee of the District of Columbia with an official vehicle 

19 unless the officer or employee uses the vehicle only in the 

20 performance of the officer’s or employee’s official duties. 

21 For purposes of this section, the term ‘‘official duties’’ 

22 does not include travel between the officer’s or employee’s 

23 residence and workplace, except in the case of— 

24 (1) an officer or employee of the Metropolitan 

25 Police Department who resides in the District of CoVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
306 

HR 21 PCS 

1 lumbia or is otherwise designated by the Chief of the 

2 Department; 

3 (2) at the discretion of the Fire Chief, an offi4 cer or employee of the District of Columbia Fire and 

5 Emergency Medical Services Department who re6 sides in the District of Columbia and is on call 24 

7 hours a day; 

8 (3) at the discretion of the Director of the De9 partment of Corrections, an officer or employee of 

10 the District of Columbia Department of Corrections 

11 who resides in the District of Columbia and is on 

12 call 24 hours a day; 

13 (4) at the discretion of the Chief Medical Ex14 aminer, an officer or employee of the Office of the 

15 Chief Medical Examiner who resides in the District 

16 of Columbia and is on call 24 hours a day; 

17 (5) at the discretion of the Director of the 

18 Homeland Security and Emergency Management 

19 Agency, an officer or employee of the Homeland Se20 curity and Emergency Management Agency who re21 sides in the District of Columbia and is on call 24 

22 hours a day; 

23 (6) the Mayor of the District of Columbia; and 

24 (7) the Chairman of the Council of the District 

25 of Columbia. 


pbinns on DSK79D2C42PROD with BILLS
307 

HR 21 PCS 

1 SEC. 806. (a) None of the Federal funds contained 

2 in this Act may be used by the District of Columbia Attor3 ney General or any other officer or entity of the District 

4 government to provide assistance for any petition drive or 

5 civil action which seeks to require Congress to provide for 

6 voting representation in Congress for the District of Co7 lumbia. 

8 (b) Nothing in this section bars the District of Co9 lumbia Attorney General from reviewing or commenting 

10 on briefs in private lawsuits, or from consulting with offi11 cials of the District government regarding such lawsuits. 

12 SEC. 807. None of the Federal funds contained in 

13 this Act may be used to distribute any needle or syringe 

14 for the purpose of preventing the spread of blood borne 

15 pathogens in any location that has been determined by the 

16 local public health or local law enforcement authorities to 

17 be inappropriate for such distribution. 

18 SEC. 808. Nothing in this Act may be construed to 

19 prevent the Council or Mayor of the District of Columbia 

20 from addressing the issue of the provision of contraceptive 

21 coverage by health insurance plans, but it is the intent 

22 of Congress that any legislation enacted on such issue 

23 should include a ‘‘conscience clause’’ which provides excep24 tions for religious beliefs and moral convictions. 


pbinns on DSK79D2C42PROD with BILLS
308 

HR 21 PCS 

1 SEC. 809. (a) None of the Federal funds contained 

2 in this Act may be used to enact or carry out any law, 

3 rule, or regulation to legalize or otherwise reduce penalties 

4 associated with the possession, use, or distribution of any 

5 schedule I substance under the Controlled Substances Act 

6 (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols de7 rivative. 

8 (b) No funds available for obligation or expenditure 

9 by the District of Columbia government under any author10 ity may be used to enact any law, rule, or regulation to 

11 legalize or otherwise reduce penalties associated with the 

12 possession, use, or distribution of any schedule I substance 

13 under the Controlled Substances Act (21 U.S.C. 801 et 

14 seq.) or any tetrahydrocannabinols derivative for rec15 reational purposes. 

16 SEC. 810. No funds available for obligation or ex17 penditure by the District of Columbia government under 

18 any authority shall be expended for any abortion except 

19 where the life of the mother would be endangered if the 

20 fetus were carried to term or where the pregnancy is the 

21 result of an act of rape or incest. 

22 SEC. 811. (a) No later than 30 calendar days after 

23 the date of the enactment of this Act, the Chief Financial 

24 Officer for the District of Columbia shall submit to the 

25 appropriate committees of Congress, the Mayor, and the 


pbinns on DSK79D2C42PROD with BILLS
309 

HR 21 PCS 

1 Council of the District of Columbia, a revised appropriated 

2 funds operating budget in the format of the budget that 

3 the District of Columbia government submitted pursuant 

4 to section 442 of the District of Columbia Home Rule Act 

5 (D.C. Official Code, sec. 1–204.42), for all agencies of the 

6 District of Columbia government for fiscal year 2019 that 

7 is in the total amount of the approved appropriation and 

8 that realigns all budgeted data for personal services and 

9 other-than-personal services, respectively, with anticipated 

10 actual expenditures. 

11 (b) This section shall apply only to an agency for 

12 which the Chief Financial Officer for the District of Co13 lumbia certifies that a reallocation is required to address 

14 unanticipated changes in program requirements. 

15 SEC. 812. No later than 30 calendar days after the 

16 date of the enactment of this Act, the Chief Financial Offi17 cer for the District of Columbia shall submit to the appro18 priate committees of Congress, the Mayor, and the Council 

19 for the District of Columbia, a revised appropriated funds 

20 operating budget for the District of Columbia Public 

21 Schools that aligns schools budgets to actual enrollment. 

22 The revised appropriated funds budget shall be in the for23 mat of the budget that the District of Columbia govern24 ment submitted pursuant to section 442 of the District 


pbinns on DSK79D2C42PROD with BILLS
310 

HR 21 PCS 

1 of Columbia Home Rule Act (D.C. Official Code, sec. 1– 

2 204.42). 

3 SEC. 813. (a) Amounts appropriated in this Act as 

4 operating funds may be transferred to the District of Co5 lumbia’s enterprise and capital funds and such amounts, 

6 once transferred, shall retain appropriation authority con7 sistent with the provisions of this Act. 

8 (b) The District of Columbia government is author9 ized to reprogram or transfer for operating expenses any 

10 local funds transferred or reprogrammed in this or the 

11 four prior fiscal years from operating funds to capital 

12 funds, and such amounts, once transferred or repro13 grammed, shall retain appropriation authority consistent 

14 with the provisions of this Act. 

15 (c) The District of Columbia government may not 

16 transfer or reprogram for operating expenses any funds 

17 derived from bonds, notes, or other obligations issued for 

18 capital projects. 

19 SEC. 814. None of the Federal funds appropriated 

20 in this Act shall remain available for obligation beyond 

21 the current fiscal year, nor may any be transferred to 

22 other appropriations, unless expressly so provided herein. 

23 SEC. 815. Except as otherwise specifically provided 

24 by law or under this Act, not to exceed 50 percent of unob25 ligated balances remaining available at the end of fiscal 


pbinns on DSK79D2C42PROD with BILLS
311 

HR 21 PCS 

1 year 2019 from appropriations of Federal funds made 

2 available for salaries and expenses for fiscal year 2019 in 

3 this Act, shall remain available through September 30, 

4 2020, for each such account for the purposes authorized: 

5 Provided, That a request shall be submitted to the Com6 mittees on Appropriations of the House of Representatives 

7 and the Senate for approval prior to the expenditure of 

8 such funds: Provided further, That these requests shall be 

9 made in compliance with reprogramming guidelines out10 lined in section 803 of this Act. 

11 SEC. 816. (a)(1) During fiscal year 2020, during a 

12 period in which neither a District of Columbia continuing 

13 resolution or a regular District of Columbia appropriation 

14 bill is in effect, local funds are appropriated in the amount 

15 provided for any project or activity for which local funds 

16 are provided in the Act referred to in paragraph (2) (sub17 ject to any modifications enacted by the District of Colum18 bia as of the beginning of the period during which this 

19 subsection is in effect) at the rate set forth by such Act. 

20 (2) The Act referred to in this paragraph is the Act 

21 of the Council of the District of Columbia pursuant to 

22 which a proposed budget is approved for fiscal year 2020 

23 which (subject to the requirements of the District of Co24 lumbia Home Rule Act) will constitute the local portion 

25 of the annual budget for the District of Columbia governVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
312 

HR 21 PCS 

1 ment for fiscal year 2020 for purposes of section 446 of 

2 the District of Columbia Home Rule Act (sec. 1–204.46, 

3 D.C. Official Code). 

4 (b) Appropriations made by subsection (a) shall cease 

5 to be available— 

6 (1) during any period in which a District of Co7 lumbia continuing resolution for fiscal year 2020 is 

8 in effect; or 

9 (2) upon the enactment into law of the regular 

10 District of Columbia appropriation bill for fiscal year 

11 2020. 

12 (c) An appropriation made by subsection (a) is pro13 vided under the authority and conditions as provided 

14 under this Act and shall be available to the extent and 

15 in the manner that would be provided by this Act. 

16 (d) An appropriation made by subsection (a) shall 

17 cover all obligations or expenditures incurred for such 

18 project or activity during the portion of fiscal year 2020 

19 for which this section applies to such project or activity. 

20 (e) This section shall not apply to a project or activity 

21 during any period of fiscal year 2020 if any other provi22 sion of law (other than an authorization of appropria23 tions)— 


pbinns on DSK79D2C42PROD with BILLS
313 

HR 21 PCS 

1 (1) makes an appropriation, makes funds avail2 able, or grants authority for such project or activity 

3 to continue for such period; or 

4 (2) specifically provides that no appropriation 

5 shall be made, no funds shall be made available, or 

6 no authority shall be granted for such project or ac7 tivity to continue for such period. 

8 (f) Nothing in this section shall be construed to affect 

9 obligations of the government of the District of Columbia 

10 mandated by other law. 

11 SEC. 817. Except as expressly provided otherwise, 

12 any reference to ‘‘this Act’’ contained in this title or in 

13 title IV shall be treated as referring only to the provisions 

14 of this title or of title IV. 

15 This division may be cited as the ‘‘Financial Services 

16 and General Government Appropriations Act, 2019’’. 

17 DIVISION C—AGRICULTURE, 

18 RURAL DEVELOPMENT, FOOD 

19 AND DRUG ADMINISTRATION, 

20 AND RELATED AGENCIES AP21 PROPRIATIONS ACT, 2019 

22 That the following sums are appropriated, out of any 

23 money in the Treasury not otherwise appropriated, for Ag24 riculture, Rural Development, Food and Drug Administra25 tion, and Related Agencies programs for the fiscal year 


pbinns on DSK79D2C42PROD with BILLS
314 

HR 21 PCS 

1 ending September 30, 2019, and for other purposes, 

2 namely: 

3 TITLE I 

4 AGRICULTURAL PROGRAMS 

5 PROCESSING, RESEARCH, AND MARKETING

6 OFFICE OF THE SECRETARY

7 (INCLUDING TRANSFERS OF FUNDS)

8 For necessary expenses of the Office of the Secretary, 

9 $46,532,000, of which not to exceed $5,051,000 shall be 

10 available for the immediate Office of the Secretary; not 

11 to exceed $800,000 shall be available for the Office of the 

12 Assistant to the Secretary for Rural Development: Pro13 vided, That funds made available by this Act to an agency 

14 in the Rural Development mission area for salaries and 

15 expenses are available to fund up to one administrative 

16 support staff for the Office; not to exceed $1,496,000 shall 

17 be available for the Office of Homeland Security; not to 

18 exceed $4,711,000 shall be available for the Office of Part19 nerships and Public Engagement; not to exceed 

20 $23,105,000 shall be available for the Office of the Assist21 ant Secretary for Administration, of which $22,301,000 

22 shall be available for Departmental Administration to pro23 vide for necessary expenses for management support serv24 ices to offices of the Department and for general adminis25 tration, security, repairs and alterations, and other misVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
315 

HR 21 PCS 

1 cellaneous supplies and expenses not otherwise provided 

2 for and necessary for the practical and efficient work of 

3 the Department: Provided further, That funds made avail4 able by this Act to an agency in the Administration mis5 sion area for salaries and expenses are available to fund 

6 up to one administrative support staff for the Office; not 

7 to exceed $3,869,000 shall be available for the Office of 

8 Assistant Secretary for Congressional Relations to carry 

9 out the programs funded by this Act, including programs 

10 involving intergovernmental affairs and liaison within the 

11 executive branch; and not to exceed $7,500,000 shall be 

12 available for the Office of Communications: Provided fur13 ther, That the Secretary of Agriculture is authorized to 

14 transfer funds appropriated for any office of the Office 

15 of the Secretary to any other office of the Office of the 

16 Secretary: Provided further, That no appropriation for any 

17 office shall be increased or decreased by more than 5 per18 cent: Provided further, That not to exceed $11,000 of the 

19 amount made available under this paragraph for the im20 mediate Office of the Secretary shall be available for offi21 cial reception and representation expenses, not otherwise 

22 provided for, as determined by the Secretary: Provided 

23 further, That the amount made available under this head24 ing for Departmental Administration shall be reimbursed 

25 from applicable appropriations in this Act for travel exVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
316 

HR 21 PCS 

1 penses incident to the holding of hearings as required by 

2 5 U.S.C. 551–558: Provided further, That funds made 

3 available under this heading for the Office of the Assistant 

4 Secretary for Congressional Relations may be transferred 

5 to agencies of the Department of Agriculture funded by 

6 this Act to maintain personnel at the agency level: Pro7 vided further, That no funds made available under this 

8 heading for the Office of Assistant Secretary for Congres9 sional Relations may be obligated after 30 days from the 

10 date of enactment of this Act, unless the Secretary has 

11 notified the Committees on Appropriations of both Houses 

12 of Congress on the allocation of these funds by USDA 

13 agency. 

14 EXECUTIVE OPERATIONS

15 OFFICE OF THE CHIEF ECONOMIST

16 For necessary expenses of the Office of the Chief 

17 Economist, $19,786,000, of which $4,000,000 shall be for 

18 grants or cooperative agreements for policy research under 

19 7 U.S.C. 3155. 

20 OFFICE OF HEARINGS AND APPEALS

21 For necessary expenses of the Office of Hearings and 

22 Appeals, $15,222,000. 

23 OFFICE OF BUDGET AND PROGRAM ANALYSIS

24 For necessary expenses of the Office of Budget and 

25 Program Analysis, $9,525,000. 


pbinns on DSK79D2C42PROD with BILLS
317 

HR 21 PCS 

1 OFFICE OF THE CHIEF INFORMATION OFFICER

2 For necessary expenses of the Office of the Chief In3 formation Officer, $63,950,000, of which not less than 

4 $38,000,000 is for cybersecurity requirements of the de5 partment. 

6 OFFICE OF THE CHIEF FINANCIAL OFFICER

7 For necessary expenses of the Office of the Chief Fi8 nancial Officer, $6,028,000. 

9 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL

10 RIGHTS

11 For necessary expenses of the Office of the Assistant 

12 Secretary for Civil Rights, $901,000: Provided, That 

13 funds made available by this Act to an agency in the Civil 

14 Rights mission area for salaries and expenses are available 

15 to fund up to one administrative support staff for the Of16 fice. 

17 OFFICE OF CIVIL RIGHTS

18 For necessary expenses of the Office of Civil Rights, 

19 $24,206,000. 

20 AGRICULTURE BUILDINGS AND FACILITIES

21 (INCLUDING TRANSFERS OF FUNDS)

22 For payment of space rental and related costs pursu23 ant to Public Law 92–313, including authorities pursuant 

24 to the 1984 delegation of authority from the Adminis25 trator of General Services to the Department of AgriVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
318 

HR 21 PCS 

1 culture under 40 U.S.C. 121, for programs and activities 

2 of the Department which are included in this Act, and for 

3 alterations and other actions needed for the Department 

4 and its agencies to consolidate unneeded space into con5 figurations suitable for release to the Administrator of 

6 General Services, and for the operation, maintenance, im7 provement, and repair of Agriculture buildings and facili8 ties, and for related costs, $58,330,000, to remain avail9 able until expended. 

10 HAZARDOUS MATERIALS MANAGEMENT

11 (INCLUDING TRANSFERS OF FUNDS)

12 For necessary expenses of the Department of Agri13 culture, to comply with the Comprehensive Environmental 

14 Response, Compensation, and Liability Act (42 U.S.C. 

15 9601 et seq.) and the Resource Conservation and Recovery 

16 Act (42 U.S.C. 6901 et seq.), $3,503,000, to remain avail17 able until expended: Provided, That appropriations and 

18 funds available herein to the Department for Hazardous 

19 Materials Management may be transferred to any agency 

20 of the Department for its use in meeting all requirements 

21 pursuant to the above Acts on Federal and non-Federal 

22 lands. 

23 OFFICE OF INSPECTOR GENERAL

24 For necessary expenses of the Office of Inspector 

25 General, including employment pursuant to the Inspector 


pbinns on DSK79D2C42PROD with BILLS
319 

HR 21 PCS 

1 General Act of 1978 (Public Law 95–452; 5 U.S.C. App.), 

2 $98,208,000, including such sums as may be necessary for 

3 contracting and other arrangements with public agencies 

4 and private persons pursuant to section 6(a)(9) of the In5 spector General Act of 1978 (Public Law 95–452; 5 

6 U.S.C. App.), and including not to exceed $125,000 for 

7 certain confidential operational expenses, including the 

8 payment of informants, to be expended under the direction 

9 of the Inspector General pursuant to the Inspector Gen10 eral Act of 1978 (Public Law 95–452; 5 U.S.C. App.) and 

11 section 1337 of the Agriculture and Food Act of 1981 

12 (Public Law 97–98). 

13 OFFICE OF THE GENERAL COUNSEL

14 For necessary expenses of the Office of the General 

15 Counsel, $45,146,000. 

16 OFFICE OF ETHICS

17 For necessary expenses of the Office of Ethics, 

18 $4,136,000. 

19 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 

20 EDUCATION, AND ECONOMICS

21 For necessary expenses of the Office of the Under 

22 Secretary for Research, Education, and Economics, 

23 $800,000: Provided, That funds made available by this 

24 Act to an agency in the Research, Education, and Eco25 nomics mission area for salaries and expenses are availVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
320 

HR 21 PCS 

1 able to fund up to one administrative support staff for 

2 the Office. 

3 ECONOMIC RESEARCH SERVICE

4 For necessary expenses of the Economic Research 

5 Service, $86,757,000. 

6 NATIONAL AGRICULTURAL STATISTICS SERVICE

7 For necessary expenses of the National Agricultural 

8 Statistics Service, $174,767,000, of which up to 

9 $45,300,000 shall be available until expended for the Cen10 sus of Agriculture: Provided, That amounts made available 

11 for the Census of Agriculture may be used to conduct Cur12 rent Industrial Report surveys subject to 7 U.S.C. 

13 2204g(d) and (f). 

14 AGRICULTURAL RESEARCH SERVICE

15 SALARIES AND EXPENSES

16 For necessary expenses of the Agricultural Research 

17 Service and for acquisition of lands by donation, exchange, 

18 or purchase at a nominal cost not to exceed $100, and 

19 for land exchanges where the lands exchanged shall be of 

20 equal value or shall be equalized by a payment of money 

21 to the grantor which shall not exceed 25 percent of the 

22 total value of the land or interests transferred out of Fed23 eral ownership, $1,300,966,000, of which $10,600,000, to 

24 remain available until expended, shall be used to carry out 

25 the science program at the National Bio- and Agro-deVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
321 

HR 21 PCS 

1 fense Facility located in Manhattan, Kansas; of which not 

2 less than $2,000,000 shall be available to carry out the 

3 dryland agriculture research program; and of which not 

4 less than $7,000,000 shall be available for purposes of en5 tering into a management, operations, and research sup6 port contract to expedite the hiring of a capable workforce 

7 for the commissioning of the Central Utility Plant and in 

8 support of operations and management of the National 

9 Bio- and Agro-defense Facility: Provided, That appropria10 tions hereunder shall be available for the operation and 

11 maintenance of aircraft and the purchase of not to exceed 

12 one for replacement only: Provided further, That appro13 priations hereunder shall be available pursuant to 7 

14 U.S.C. 2250 for the construction, alteration, and repair 

15 of buildings and improvements, but unless otherwise pro16 vided, the cost of constructing any one building shall not 

17 exceed $500,000, except for headhouses or greenhouses 

18 which shall each be limited to $1,800,000, except for 10 

19 buildings to be constructed or improved at a cost not to 

20 exceed $1,100,000 each, and except for two buildings to 

21 be constructed at a cost not to exceed $3,000,000 each, 

22 and the cost of altering any one building during the fiscal 

23 year shall not exceed 10 percent of the current replace24 ment value of the building or $500,000, whichever is 

25 greater: Provided further, That appropriations hereunder 


pbinns on DSK79D2C42PROD with BILLS
322 

HR 21 PCS 

1 shall be available for entering into lease agreements at any 

2 Agricultural Research Service location for the construction 

3 of a research facility by a non-Federal entity for use by 

4 the Agricultural Research Service and a condition of the 

5 lease shall be that any facility shall be owned, operated, 

6 and maintained by the non-Federal entity and shall be re7 moved upon the expiration or termination of the lease 

8 agreement: Provided further, That the limitations on alter9 ations contained in this Act shall not apply to moderniza10 tion or replacement of existing facilities at Beltsville, 

11 Maryland: Provided further, That appropriations here12 under shall be available for granting easements at the 

13 Beltsville Agricultural Research Center: Provided further, 

14 That the foregoing limitations shall not apply to replace15 ment of buildings needed to carry out the Act of April 

16 24, 1948 (21 U.S.C. 113a): Provided further, That appro17 priations hereunder shall be available for granting ease18 ments at any Agricultural Research Service location for 

19 the construction of a research facility by a non-Federal 

20 entity for use by, and acceptable to, the Agricultural Re21 search Service and a condition of the easements shall be 

22 that upon completion the facility shall be accepted by the 

23 Secretary, subject to the availability of funds herein, if the 

24 Secretary finds that acceptance of the facility is in the 

25 interest of the United States: Provided further, That funds 


pbinns on DSK79D2C42PROD with BILLS
323 

HR 21 PCS 

1 may be received from any State, other political subdivi2 sion, organization, or individual for the purpose of estab3 lishing or operating any research facility or research 

4 project of the Agricultural Research Service, as authorized 

5 by law. 

6 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

7 RESEARCH AND EDUCATION ACTIVITIES

8 For payments to agricultural experiment stations, for 

9 cooperative forestry and other research, for facilities, and 

10 for other expenses, $898,535,000, which shall be for the 

11 purposes, and in the amounts, specified in the table titled 

12 ‘‘National Institute of Food and Agriculture, Research 

13 and Education Activities’’ in the explanatory statement 

14 described in section 3 (in the matter preceding division 

15 A of this consolidated Act): Provided, That funds for re16 search grants for 1994 institutions, education grants for 

17 1890 institutions, capacity building for non-land-grant 

18 colleges of agriculture, the agriculture and food research 

19 initiative, veterinary medicine loan repayment, multicul20 tural scholars, graduate fellowship and institution chal21 lenge grants, and grants management systems shall re22 main available until expended: Provided further, That each 

23 institution eligible to receive funds under the Evans-Allen 

24 program receives no less than $1,000,000: Provided fur25 ther, That funds for education grants for Alaska Native 


pbinns on DSK79D2C42PROD with BILLS
324 

HR 21 PCS 

1 and Native Hawaiian-serving institutions be made avail2 able to individual eligible institutions or consortia of eligi3 ble institutions with funds awarded equally to each of the 

4 States of Alaska and Hawaii: Provided further, That funds 

5 for education grants for 1890 institutions shall be made 

6 available to institutions eligible to receive funds under 7 

7 U.S.C. 3221 and 3222: Provided further, That not more 

8 than 5 percent of the amounts made available by this or 

9 any other Act to carry out the Agriculture and Food Re10 search Initiative under 7 U.S.C. 450i(b) may be retained 

11 by the Secretary of Agriculture to pay administrative costs 

12 incurred by the Secretary in carrying out that authority. 

13 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

14 For the Native American Institutions Endowment 

15 Fund authorized by Public Law 103–382 (7 U.S.C. 301 

16 note), $11,880,000, to remain available until expended. 

17 EXTENSION ACTIVITIES

18 For payments to States, the District of Columbia, 

19 Puerto Rico, Guam, the Virgin Islands, Micronesia, the 

20 Northern Marianas, and American Samoa, $486,692,000, 

21 which shall be for the purposes, and in the amounts, speci22 fied in the table titled ‘‘National Institute of Food and 

23 Agriculture, Extension Activities’’ in the explanatory 

24 statement described in section 3 (in the matter preceding 

25 division A of this consolidated Act): Provided, That funds 


pbinns on DSK79D2C42PROD with BILLS
325 

HR 21 PCS 

1 for facility improvements at 1890 institutions shall remain 

2 available until expended: Provided further, That institu3 tions eligible to receive funds under 7 U.S.C. 3221 for co4 operative extension receive no less than $1,000,000: Pro5 vided further, That funds for cooperative extension under 

6 sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 

7 343(b) and (c)) and section 208(c) of Public Law 93–471 

8 shall be available for retirement and employees’ compensa9 tion costs for extension agents. 

10 INTEGRATED ACTIVITIES

11 For the integrated research, education, and extension 

12 grants programs, including necessary administrative ex13 penses, $38,000,000, which shall be for the purposes, and 

14 in the amounts, specified in the table titled ‘‘National In15 stitute of Food and Agriculture, Integrated Activities’’ in 

16 the explanatory statement described in section 3 (in the 

17 matter preceding division A of this consolidated Act): Pro18 vided, That funds for the Food and Agriculture Defense 

19 Initiative shall remain available until September 30, 2020: 

20 Provided further, That notwithstanding any other provi21 sion of law, indirect costs shall not be charged against any 

22 Extension Implementation Program Area grant awarded 

23 under the Crop Protection/Pest Management Program (7 

24 U.S.C. 7626). 


pbinns on DSK79D2C42PROD with BILLS
326 

HR 21 PCS 

1 OFFICE OF THE UNDER SECRETARY FOR MARKETING

2 AND REGULATORY PROGRAMS

3 For necessary expenses of the Office of the Under 

4 Secretary for Marketing and Regulatory Programs, 

5 $901,000: Provided, That funds made available by this 

6 Act to an agency in the Marketing and Regulatory Pro7 grams mission area for salaries and expenses are available 

8 to fund up to one administrative support staff for the Of9 fice. 

10 ANIMAL AND PLANT HEALTH INSPECTION SERVICE

11 SALARIES AND EXPENSES

12 (INCLUDING TRANSFERS OF FUNDS)

13 For necessary expenses of the Animal and Plant 

14 Health Inspection Service, including up to $30,000 for 

15 representation allowances and for expenses pursuant to 

16 the Foreign Service Act of 1980 (22 U.S.C. 4085), 

17 $1,000,493,000, of which $470,000, to remain available 

18 until expended, shall be available for the control of out19 breaks of insects, plant diseases, animal diseases and for 

20 control of pest animals and birds (‘‘contingency fund’’) to 

21 the extent necessary to meet emergency conditions; of 

22 which $11,520,000, to remain available until expended, 

23 shall be used for the cotton pests program for cost share 

24 purposes or for debt retirement for active eradication 

25 zones; of which $37,857,000, to remain available until exVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
327 

HR 21 PCS 

1 pended, shall be for Animal Health Technical Services; of 

2 which $705,000 shall be for activities under the authority 

3 of the Horse Protection Act of 1970, as amended (15 

4 U.S.C. 1831); of which $62,840,000, to remain available 

5 until expended, shall be used to support avian health; of 

6 which $4,251,000, to remain available until expended, 

7 shall be for information technology infrastructure; of 

8 which $178,170,000, to remain available until expended, 

9 shall be for specialty crop pests; of which, $11,826,000, 

10 to remain available until expended, shall be for field crop 

11 and rangeland ecosystem pests; of which $16,523,000, to 

12 remain available until expended, shall be for zoonotic dis13 ease management; of which $41,466,000, to remain avail14 able until expended, shall be for emergency preparedness 

15 and response; of which $60,000,000, to remain available 

16 until expended, shall be for tree and wood pests; of which 

17 $5,725,000, to remain available until expended, shall be 

18 for the National Veterinary Stockpile; of which up to 

19 $1,500,000, to remain available until expended, shall be 

20 for the scrapie program for indemnities; of which 

21 $2,500,000, to remain available until expended, shall be 

22 for the wildlife damage management program for aviation 

23 safety: Provided, That of amounts available under this 

24 heading for wildlife services methods development, 

25 $1,000,000 shall remain available until expended: ProVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
328 

HR 21 PCS 

1 vided further, That of amounts available under this head2 ing for the screwworm program, $4,990,000 shall remain 

3 available until expended; of which $13,600,000, to remain 

4 available until expended, shall be used to carry out the 

5 science program at the National Bio- and Agro-defense 

6 Facility located in Manhattan, Kansas: Provided further, 

7 That no funds shall be used to formulate or administer 

8 a brucellosis eradication program for the current fiscal 

9 year that does not require minimum matching by the 

10 States of at least 40 percent: Provided further, That this 

11 appropriation shall be available for the operation and 

12 maintenance of aircraft and the purchase of not to exceed 

13 five, of which two shall be for replacement only: Provided 

14 further, That in addition, in emergencies which threaten 

15 any segment of the agricultural production industry of the 

16 United States, the Secretary may transfer from other ap17 propriations or funds available to the agencies or corpora18 tions of the Department such sums as may be deemed nec19 essary, to be available only in such emergencies for the 

20 arrest and eradication of contagious or infectious disease 

21 or pests of animals, poultry, or plants, and for expenses 

22 in accordance with sections 10411 and 10417 of the Ani23 mal Health Protection Act (7 U.S.C. 8310 and 8316) and 

24 sections 431 and 442 of the Plant Protection Act (7 

25 U.S.C. 7751 and 7772), and any unexpended balances of 


pbinns on DSK79D2C42PROD with BILLS
329 

HR 21 PCS 

1 funds transferred for such emergency purposes in the pre2 ceding fiscal year shall be merged with such transferred 

3 amounts: Provided further, That appropriations hereunder 

4 shall be available pursuant to law (7 U.S.C. 2250) for the 

5 repair and alteration of leased buildings and improve6 ments, but unless otherwise provided the cost of altering 

7 any one building during the fiscal year shall not exceed 

8 10 percent of the current replacement value of the build9 ing. 

10 In fiscal year 2019, the agency is authorized to collect 

11 fees to cover the total costs of providing technical assist12 ance, goods, or services requested by States, other political 

13 subdivisions, domestic and international organizations, 

14 foreign governments, or individuals, provided that such 

15 fees are structured such that any entity’s liability for such 

16 fees is reasonably based on the technical assistance, goods, 

17 or services provided to the entity by the agency, and such 

18 fees shall be reimbursed to this account, to remain avail19 able until expended, without further appropriation, for 

20 providing such assistance, goods, or services. 

21 BUILDINGS AND FACILITIES

22 For plans, construction, repair, preventive mainte23 nance, environmental support, improvement, extension, al24 teration, and purchase of fixed equipment or facilities, as 

25 authorized by 7 U.S.C. 2250, and acquisition of land as 


pbinns on DSK79D2C42PROD with BILLS
330 

HR 21 PCS 

1 authorized by 7 U.S.C. 428a, $3,175,000, to remain avail2 able until expended. 

3 AGRICULTURAL MARKETING SERVICE

4 MARKETING SERVICES

5 For necessary expenses of the Agricultural Marketing 

6 Service, $155,845,000, of which $4,000,000 shall be avail7 able for the purposes of section 12306 of Public Law 113– 

8 79; and of which $7,000,000 shall be available for mar9 keting activities authorized under section 204(b) of the 

10 Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)) 

11 to provide to State departments of agriculture, State coop12 erative extension services, institutions of higher education, 

13 and nonprofit organizations grants to carry out programs 

14 and provide technical assistance to promote innovation, 

15 process improvement, and marketing relating to dairy 

16 products: Provided, That this appropriation shall be avail17 able pursuant to law (7 U.S.C. 2250) for the alteration 

18 and repair of buildings and improvements, but the cost 

19 of altering any one building during the fiscal year shall 

20 not exceed 10 percent of the current replacement value 

21 of the building. 

22 Fees may be collected for the cost of standardization 

23 activities, as established by regulation pursuant to law (31 

24 U.S.C. 9701). 


pbinns on DSK79D2C42PROD with BILLS
331 

HR 21 PCS 

1 LIMITATION ON ADMINISTRATIVE EXPENSES

2 Not to exceed $60,982,000 (from fees collected) shall 

3 be obligated during the current fiscal year for administra4 tive expenses: Provided, That if crop size is understated 

5 and/or other uncontrollable events occur, the agency may 

6 exceed this limitation by up to 10 percent with notification 

7 to the Committees on Appropriations of both Houses of 

8 Congress. 

9 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND

10 SUPPLY (SECTION 32)

11 (INCLUDING TRANSFERS OF FUNDS)

12 Funds available under section 32 of the Act of Au13 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com14 modity program expenses as authorized therein, and other 

15 related operating expenses, except for: (1) transfers to the 

16 Department of Commerce as authorized by the Fish and 

17 Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) trans18 fers otherwise provided in this Act; and (3) not more than 

19 $20,489,000 for formulation and administration of mar20 keting agreements and orders pursuant to the Agricultural 

21 Marketing Agreement Act of 1937 and the Agricultural 

22 Act of 1961 (Public Law 87–128). 

23 PAYMENTS TO STATES AND POSSESSIONS

24 For payments to departments of agriculture, bureaus 

25 and departments of markets, and similar agencies for 


pbinns on DSK79D2C42PROD with BILLS
332 

HR 21 PCS 

1 marketing activities under section 204(b) of the Agricul2 tural Marketing Act of 1946 (7 U.S.C. 1623(b)), 

3 $1,235,000. 

4 LIMITATION ON INSPECTION AND WEIGHING SERVICES

5 EXPENSES

6 Not to exceed $55,000,000 (from fees collected) shall 

7 be obligated during the current fiscal year for inspection 

8 and weighing services: Provided, That if grain export ac9 tivities require additional supervision and oversight, or 

10 other uncontrollable factors occur, this limitation may be 

11 exceeded by up to 10 percent with notification to the Com12 mittees on Appropriations of both Houses of Congress. 

13 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

14 For necessary expenses of the Office of the Under 

15 Secretary for Food Safety, $800,000: Provided, That 

16 funds made available by this Act to an agency in the Food 

17 Safety mission area for salaries and expenses are available 

18 to fund up to one administrative support staff for the Of19 fice. 

20 FOOD SAFETY AND INSPECTION SERVICE

21 For necessary expenses to carry out services author22 ized by the Federal Meat Inspection Act, the Poultry 

23 Products Inspection Act, and the Egg Products Inspection 

24 Act, including not to exceed $10,000 for representation 

25 allowances and for expenses pursuant to section 8 of the 


pbinns on DSK79D2C42PROD with BILLS
333 

HR 21 PCS 

1 Act approved August 3, 1956 (7 U.S.C. 1766), 

2 $1,049,344,000; and in addition, $1,000,000 may be cred3 ited to this account from fees collected for the cost of lab4 oratory accreditation as authorized by section 1327 of the 

5 Food, Agriculture, Conservation and Trade Act of 1990 

6 (7 U.S.C. 138f): Provided, That funds provided for the 

7 Public Health Data Communication Infrastructure system 

8 shall remain available until expended: Provided further, 

9 That no fewer than 148 full-time equivalent positions shall 

10 be employed during fiscal year 2019 for purposes dedi11 cated solely to inspections and enforcement related to the 

12 Humane Methods of Slaughter Act (7 U.S.C. 1901 et 

13 seq.): Provided further, That the Food Safety and Inspec14 tion Service shall continue implementation of section 

15 11016 of Public Law 110–246 as further clarified by the 

16 amendments made in section 12106 of Public Law 113– 

17 79: Provided further, That this appropriation shall be 

18 available pursuant to law (7 U.S.C. 2250) for the alter19 ation and repair of buildings and improvements, but the 

20 cost of altering any one building during the fiscal year 

21 shall not exceed 10 percent of the current replacement 

22 value of the building. 


pbinns on DSK79D2C42PROD with BILLS
334 

HR 21 PCS 

1 TITLE II 

2 FARM PRODUCTION AND CONSERVATION 

3 PROGRAMS 

4 OFFICE OF THE UNDER SECRETARY FOR FARM

5 PRODUCTION AND CONSERVATION

6 For necessary expenses of the Office of the Under 

7 Secretary for Farm Production and Conservation, 

8 $901,000: Provided, That funds made available by this 

9 Act to an agency in the Farm Production and Conserva10 tion mission area for salaries and expenses are available 

11 to fund up to one administrative support staff for the Of12 fice. 

13 FARM PRODUCTION AND CONSERVATION BUSINESS

14 CENTER

15 For necessary expenses of the Farm Production and 

16 Conservation Business Center, $1,028,000, to remain 

17 available until expended: Provided, That $149,000 of 

18 amounts appropriated for the current fiscal year pursuant 

19 to section 1241(a) of the Farm Security and Rural Invest20 ment Act of 1985 (16 U.S.C. 3841(a)) shall be transferred 

21 to and merged with this account. 


pbinns on DSK79D2C42PROD with BILLS
335 

HR 21 PCS 

1 FARM SERVICE AGENCY

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFERS OF FUNDS)

4 For necessary expenses of the Farm Service Agency, 

5 $1,202,146,000: Provided, That not more than 50 percent 

6 of the $44,691,000 made available under this heading for 

7 information technology related to farm program delivery, 

8 including the Modernize and Innovate the Delivery of Ag9 ricultural Systems and other farm program delivery sys10 tems, may be obligated until the Secretary submits to the 

11 Committees on Appropriations of both Houses of Con12 gress, and receives written or electronic notification of re13 ceipt from such Committees of, a plan for expenditure that 

14 (1) identifies for each project/investment over $25,000 (a) 

15 the functional and performance capabilities to be delivered 

16 and the mission benefits to be realized, (b) the estimated 

17 lifecycle cost, including estimates for development as well 

18 as maintenance and operations, and (c) key milestones to 

19 be met; (2) demonstrates that each project/investment is, 

20 (a) consistent with the Farm Service Agency Information 

21 Technology Roadmap, (b) being managed in accordance 

22 with applicable lifecycle management policies and guid23 ance, and (c) subject to the applicable Department’s cap24 ital planning and investment control requirements; and (3) 

25 has been reviewed by the Government Accountability OfVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
336 

HR 21 PCS 

1 fice and approved by the Committees on Appropriations 

2 of both Houses of Congress: Provided further, That the 

3 agency shall submit a report by the end of the fourth quar4 ter of fiscal year 2019 to the Committees on Appropria5 tions and the Government Accountability Office, that iden6 tifies for each project/investment that is operational (a) 

7 current performance against key indicators of customer 

8 satisfaction, (b) current performance of service level agree9 ments or other technical metrics, (c) current performance 

10 against a pre-established cost baseline, (d) a detailed 

11 breakdown of current and planned spending on oper12 ational enhancements or upgrades, and (e) an assessment 

13 of whether the investment continues to meet business 

14 needs as intended as well as alternatives to the investment: 

15 Provided further, That the Secretary is authorized to use 

16 the services, facilities, and authorities (but not the funds) 

17 of the Commodity Credit Corporation to make program 

18 payments for all programs administered by the Agency: 

19 Provided further, That other funds made available to the 

20 Agency for authorized activities may be advanced to and 

21 merged with this account: Provided further, That funds 

22 made available to county committees shall remain avail23 able until expended: Provided further, That none of the 

24 funds available to the Farm Service Agency shall be used 

25 to close Farm Service Agency county offices: Provided furVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
337 

HR 21 PCS 

1 ther, That none of the funds available to the Farm Service 

2 Agency shall be used to permanently relocate county based 

3 employees that would result in an office with two or fewer 

4 employees without prior notification and approval of the 

5 Committees on Appropriations of both Houses of Con6 gress. 

7 STATE MEDIATION GRANTS

8 For grants pursuant to section 502(b) of the Agricul9 tural Credit Act of 1987, as amended (7 U.S.C. 5101– 

10 5106), $3,904,000. 

11 GRASSROOTS SOURCE WATER PROTECTION PROGRAM

12 For necessary expenses to carry out wellhead or 

13 groundwater protection activities under section 1240O of 

14 the Food Security Act of 1985 (16 U.S.C. 3839bb–2), 

15 $6,500,000, to remain available until expended. 

16 DAIRY INDEMNITY PROGRAM

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses involved in making indemnity 

19 payments to dairy farmers and manufacturers of dairy 

20 products under a dairy indemnity program, such sums as 

21 may be necessary, to remain available until expended: Pro22 vided, That such program is carried out by the Secretary 

23 in the same manner as the dairy indemnity program de24 scribed in the Agriculture, Rural Development, Food and 

25 Drug Administration, and Related Agencies AppropriaVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
338 

HR 21 PCS 

1 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 

2 12). 

3 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM

4 ACCOUNT

5 (INCLUDING TRANSFERS OF FUNDS)

6 For gross obligations for the principal amount of di7 rect and guaranteed farm ownership (7 U.S.C. 1922 et 

8 seq.) and operating (7 U.S.C. 1941 et seq.) loans, emer9 gency loans (7 U.S.C. 1961 et seq.), Indian tribe land ac10 quisition loans (25 U.S.C. 488), boll weevil loans (7 

11 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 

12 1924 et seq.), and Indian highly fractionated land loans 

13 (25 U.S.C. 488) to be available from funds in the Agricul14 tural Credit Insurance Fund, as follows: $2,750,000,000 

15 for guaranteed farm ownership loans and $1,500,000,000 

16 for farm ownership direct loans; $1,960,000,000 for un17 subsidized guaranteed operating loans and 

18 $1,530,000,000 for direct operating loans; emergency 

19 loans, $37,668,000; Indian tribe land acquisition loans, 

20 $20,000,000; guaranteed conservation loans, 

21 $150,000,000; Indian highly fractionated land loans, 

22 $10,000,000; and for boll weevil eradication program 

23 loans, $60,000,000: Provided, That the Secretary shall 

24 deem the pink bollworm to be a boll weevil for the purpose 

25 of boll weevil eradication program loans. 


pbinns on DSK79D2C42PROD with BILLS
339 

HR 21 PCS 

1 For the cost of direct and guaranteed loans and 

2 grants, including the cost of modifying loans as defined 

3 in section 502 of the Congressional Budget Act of 1974, 

4 as follows: farm operating loans, $59,670,000 for direct 

5 operating loans, $21,168,000 for unsubsidized guaranteed 

6 operating loans, emergency loans, $1,567,000 and 

7 $2,134,000 for Indian highly fractionated land loans to 

8 remain available until expended. 

9 In addition, for administrative expenses necessary to 

10 carry out the direct and guaranteed loan programs, 

11 $325,068,000: Provided, That of this amount, 

12 $314,998,000 shall be transferred to and merged with the 

13 appropriation for ‘‘Farm Service Agency, Salaries and Ex14 penses’’, of which $8,000,000 shall be available until Sep15 tember 30, 2020. 

16 Funds appropriated by this Act to the Agricultural 

17 Credit Insurance Program Account for farm ownership, 

18 operating and conservation direct loans and guaranteed 

19 loans may be transferred among these programs: Pro20 vided, That the Committees on Appropriations of both 

21 Houses of Congress are notified at least 15 days in ad22 vance of any transfer. 


pbinns on DSK79D2C42PROD with BILLS
340 

HR 21 PCS 

1 RISK MANAGEMENT AGENCY

2 SALARIES AND EXPENSES

3 For necessary expenses of the Risk Management 

4 Agency, $74,829,000: Provided, That not to exceed 

5 $1,000 shall be available for official reception and rep6 resentation expenses, as authorized by 7 U.S.C. 1506(i). 

7 NATURAL RESOURCES CONSERVATION SERVICE

8 CONSERVATION OPERATIONS

9 For necessary expenses for carrying out the provi10 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f), 

11 including preparation of conservation plans and establish12 ment of measures to conserve soil and water (including 

13 farm irrigation and land drainage and such special meas14 ures for soil and water management as may be necessary 

15 to prevent floods and the siltation of reservoirs and to con16 trol agricultural related pollutants); operation of conserva17 tion plant materials centers; classification and mapping of 

18 soil; dissemination of information; acquisition of lands, 

19 water, and interests therein for use in the plant materials 

20 program by donation, exchange, or purchase at a nominal 

21 cost not to exceed $100 pursuant to the Act of August 

22 3, 1956 (7 U.S.C. 428a); purchase and erection or alter23 ation or improvement of permanent and temporary build24 ings; and operation and maintenance of aircraft, 

25 $879,107,000, to remain available until September 30, 


pbinns on DSK79D2C42PROD with BILLS
341 

HR 21 PCS 

1 2020: Provided, That appropriations hereunder shall be 

2 available pursuant to 7 U.S.C. 2250 for construction and 

3 improvement of buildings and public improvements at 

4 plant materials centers, except that the cost of alterations 

5 and improvements to other buildings and other public im6 provements shall not exceed $250,000: Provided further, 

7 That when buildings or other structures are erected on 

8 non-Federal land, that the right to use such land is ob9 tained as provided in 7 U.S.C. 2250a: Provided further, 

10 That of the amounts made available under this heading, 

11 $5,600,000, shall remain available until expended for the 

12 authorities under 16 U.S.C. 1001–1005 and 1007–1009 

13 for authorized ongoing watershed projects with a primary 

14 purpose of providing water to rural communities. 

15 WATERSHED AND FLOOD PREVENTION OPERATIONS

16 For necessary expenses to carry out preventive meas17 ures, including but not limited to surveys and investiga18 tions, engineering operations, works of improvement, and 

19 changes in use of land, in accordance with the Watershed 

20 Protection and Flood Prevention Act (16 U.S.C. 1001– 

21 1005 and 1007–1009) and in accordance with the provi22 sions of laws relating to the activities of the Department, 

23 $150,000,000, to remain available until expended: Pro24 vided, That for funds provided by this Act or any other 

25 prior Act, the limitation regarding the size of the waterVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
342 

HR 21 PCS 

1 shed or subwatershed exceeding two hundred and fifty 

2 thousand acres in which such activities can be undertaken 

3 shall only apply for activities undertaken for the primary 

4 purpose of flood prevention (including structural and land 

5 treatment measures): Provided further, That of the 

6 amounts made available under this heading, $50,000,000 

7 shall be allocated to projects and activities that can com8 mence promptly following enactment; that address re9 gional priorities for flood prevention, agricultural water 

10 management, inefficient irrigation systems, fish and wild11 life habitat, or watershed protection; or that address au12 thorized ongoing projects under the authorities of section 

13 13 of the Flood Control Act of December 22, 1944 (Public 

14 Law 78–534) with a primary purpose of watershed protec15 tion by preventing floodwater damage and stabilizing 

16 stream channels, tributaries, and banks to reduce erosion 

17 and sediment transport. 

18 CORPORATIONS 

19 The following corporations and agencies are hereby 

20 authorized to make expenditures, within the limits of 

21 funds and borrowing authority available to each such cor22 poration or agency and in accord with law, and to make 

23 contracts and commitments without regard to fiscal year 

24 limitations as provided by section 104 of the Government 

25 Corporation Control Act as may be necessary in carrying 


pbinns on DSK79D2C42PROD with BILLS
343 

HR 21 PCS 

1 out the programs set forth in the budget for the current 

2 fiscal year for such corporation or agency, except as here3 inafter provided. 

4 FEDERAL CROP INSURANCE CORPORATION FUND

5 For payments as authorized by section 516 of the 

6 Federal Crop Insurance Act (7 U.S.C. 1516), such sums 

7 as may be necessary, to remain available until expended. 

8 COMMODITY CREDIT CORPORATION FUND

9 REIMBURSEMENT FOR NET REALIZED LOSSES

10 (INCLUDING TRANSFERS OF FUNDS)

11 For the current fiscal year, such sums as may be nec12 essary to reimburse the Commodity Credit Corporation for 

13 net realized losses sustained, but not previously reim14 bursed, pursuant to section 2 of the Act of August 17, 

15 1961 (15 U.S.C. 713a–11): Provided, That of the funds 

16 available to the Commodity Credit Corporation under sec17 tion 11 of the Commodity Credit Corporation Charter Act 

18 (15 U.S.C. 714i) for the conduct of its business with the 

19 Foreign Agricultural Service, up to $5,000,000 may be 

20 transferred to and used by the Foreign Agricultural Serv21 ice for information resource management activities of the 

22 Foreign Agricultural Service that are not related to Com23 modity Credit Corporation business. 


pbinns on DSK79D2C42PROD with BILLS
344 

HR 21 PCS 

1 HAZARDOUS WASTE MANAGEMENT

2 (LIMITATION ON EXPENSES)

3 For the current fiscal year, the Commodity Credit 

4 Corporation shall not expend more than $5,000,000 for 

5 site investigation and cleanup expenses, and operations 

6 and maintenance expenses to comply with the requirement 

7 of section 107(g) of the Comprehensive Environmental 

8 Response, Compensation, and Liability Act (42 U.S.C. 

9 9607(g)), and section 6001 of the Resource Conservation 

10 and Recovery Act (42 U.S.C. 6961). 

11 TITLE III 

12 RURAL DEVELOPMENT PROGRAMS 

13 RURAL DEVELOPMENT

14 SALARIES AND EXPENSES

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses for carrying out the adminis17 tration and implementation of Rural Development pro18 grams, including activities with institutions concerning the 

19 development and operation of agricultural cooperatives; 

20 and for cooperative agreements; $232,835,000: Provided, 

21 That notwithstanding any other provision of law, funds 

22 appropriated under this heading may be used for adver23 tising and promotional activities that support Rural Devel24 opment programs: Provided further, That in addition to 

25 any other funds appropriated for purposes authorized by 


pbinns on DSK79D2C42PROD with BILLS
345 

HR 21 PCS 

1 section 502(i) of the Housing Act of 1949 (42 U.S.C. 

2 1472(i)), any amounts collected under such section will 

3 immediately be credited to this account and will remain 

4 available until expended for such purposes. 

5 RURAL HOUSING SERVICE

6 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

7 (INCLUDING TRANSFERS OF FUNDS)

8 For gross obligations for the principal amount of di9 rect and guaranteed loans as authorized by title V of the 

10 Housing Act of 1949, to be available from funds in the 

11 rural housing insurance fund, as follows: $1,100,000,000 

12 shall be for direct loans and $24,000,000,000 shall be for 

13 unsubsidized guaranteed loans; $28,000,000 for section 

14 504 housing repair loans; $40,000,000 for section 515 

15 rental housing; $230,000,000 for section 538 guaranteed 

16 multi-family housing loans; $10,000,000 for credit sales 

17 of single family housing acquired property; $5,000,000 for 

18 section 523 self-help housing land development loans; and 

19 $5,000,000 for section 524 site development loans. 

20 For the cost of direct and guaranteed loans, including 

21 the cost of modifying loans, as defined in section 502 of 

22 the Congressional Budget Act of 1974, as follows: section 

23 502 loans, $53,900,000 shall be for direct loans; section 

24 504 housing repair loans, $3,419,000; section 523 self25 help housing land development loans, $431,000; section 


pbinns on DSK79D2C42PROD with BILLS
346 

HR 21 PCS 

1 524 site development loans, $176,000; and repair, reha2 bilitation, and new construction of section 515 rental 

3 housing, $9,484,000: Provided, That to support the loan 

4 program level for section 538 guaranteed loans made 

5 available under this heading the Secretary may charge or 

6 adjust any fees to cover the projected cost of such loan 

7 guarantees pursuant to the provisions of the Credit Re8 form Act of 1990 (2 U.S.C. 661 et seq.), and the interest 

9 on such loans may not be subsidized: Provided further, 

10 That applicants in communities that have a current rural 

11 area waiver under section 541 of the Housing Act of 1949 

12 (42 U.S.C. 1490q) shall be treated as living in a rural 

13 area for purposes of section 502 guaranteed loans pro14 vided under this heading: Provided further, That of the 

15 amounts available under this paragraph for section 502 

16 direct loans, no less than $5,000,000 shall be available for 

17 direct loans for individuals whose homes will be built pur18 suant to a program funded with a mutual and self-help 

19 housing grant authorized by section 523 of the Housing 

20 Act of 1949 until June 1, 2019: Provided further, That 

21 the Secretary shall implement provisions to provide incen22 tives to nonprofit organizations and public housing au23 thorities to facilitate the acquisition of Rural Housing 

24 Service (RHS) multifamily housing properties by such 

25 nonprofit organizations and public housing authorities 


pbinns on DSK79D2C42PROD with BILLS
347 

HR 21 PCS 

1 that commit to keep such properties in the RHS multi2 family housing program for a period of time as determined 

3 by the Secretary, with such incentives to include, but not 

4 be limited to, the following: allow such nonprofit entities 

5 and public housing authorities to earn a Return on Invest6 ment on their own resources to include proceeds from low 

7 income housing tax credit syndication, own contributions, 

8 grants, and developer loans at favorable rates and terms, 

9 invested in a deal; and allow reimbursement of organiza10 tional costs associated with owner’s oversight of asset re11 ferred to as ‘‘Asset Management Fee’’ of up to $7,500 

12 per property. 

13 In addition, for the cost of direct loans, grants, and 

14 contracts, as authorized by sections 514 and 516 of the 

15 Housing Act of 1949 (42 U.S.C. 1484, 1486), 

16 $14,281,000, to remain available until expended, for direct 

17 farm labor housing loans and domestic farm labor housing 

18 grants and contracts: Provided, That any balances avail19 able for the Farm Labor Program Account shall be trans20 ferred to and merged with this account. 

21 In addition, for administrative expenses necessary to 

22 carry out the direct and guaranteed loan programs, 

23 $412,254,000 shall be transferred to and merged with the 

24 appropriation for ‘‘Rural Development, Salaries and Ex25 penses’’. 


pbinns on DSK79D2C42PROD with BILLS
348 

HR 21 PCS 

1 RENTAL ASSISTANCE PROGRAM

2 For rental assistance agreements entered into or re3 newed pursuant to the authority under section 521(a)(2) 

4 of the Housing Act of 1949 or agreements entered into 

5 in lieu of debt forgiveness or payments for eligible house6 holds as authorized by section 502(c)(5)(D) of the Hous7 ing Act of 1949, $1,331,400,000, of which $40,000,000 

8 shall be available until September 30, 2020; and in addi9 tion such sums as may be necessary, as authorized by sec10 tion 521(c) of the Act, to liquidate debt incurred prior to 

11 fiscal year 1992 to carry out the rental assistance program 

12 under section 521(a)(2) of the Act: Provided, That rental 

13 assistance agreements entered into or renewed during the 

14 current fiscal year shall be funded for a one-year period: 

15 Provided further, That any unexpended balances remain16 ing at the end of such one-year agreements may be trans17 ferred and used for purposes of any debt reduction; main18 tenance, repair, or rehabilitation of any existing projects; 

19 preservation; and rental assistance activities authorized 

20 under title V of the Act: Provided further, That rental as21 sistance provided under agreements entered into prior to 

22 fiscal year 2019 for a farm labor multi-family housing 

23 project financed under section 514 or 516 of the Act may 

24 not be recaptured for use in another project until such 

25 assistance has remained unused for a period of 12 conVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
349 

HR 21 PCS 

1 secutive months, if such project has a waiting list of ten2 ants seeking such assistance or the project has rental as3 sistance eligible tenants who are not receiving such assist4 ance: Provided further, That such recaptured rental assist5 ance shall, to the extent practicable, be applied to another 

6 farm labor multi-family housing project financed under 

7 section 514 or 516 of the Act: Provided further, That ex8 cept as provided in the third proviso under this heading 

9 and notwithstanding any other provision of the Act, the 

10 Secretary may recapture rental assistance provided under 

11 agreements entered into prior to fiscal year 2019 for a 

12 project that the Secretary determines no longer needs 

13 rental assistance and use such recaptured funds for cur14 rent needs. 

15 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM

16 ACCOUNT

17 For the rural housing voucher program as authorized 

18 under section 542 of the Housing Act of 1949, but not19 withstanding subsection (b) of such section, and for addi20 tional costs to conduct a demonstration program for the 

21 preservation and revitalization of multi-family rental hous22 ing properties described in this paragraph, $50,000,000, 

23 to remain available until expended: Provided, That of the 

24 funds made available under this heading, $26,000,000, 

25 shall be available for rural housing vouchers to any lowVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
350 

HR 21 PCS 

1 income household (including those not receiving rental as2 sistance) residing in a property financed with a section 

3 515 loan which has been prepaid after September 30, 

4 2005: Provided further, That the amount of such voucher 

5 shall be the difference between comparable market rent 

6 for the section 515 unit and the tenant paid rent for such 

7 unit: Provided further, That funds made available for such 

8 vouchers shall be subject to the availability of annual ap9 propriations: Provided further, That the Secretary shall, 

10 to the maximum extent practicable, administer such 

11 vouchers with current regulations and administrative guid12 ance applicable to section 8 housing vouchers administered 

13 by the Secretary of the Department of Housing and Urban 

14 Development: Provided further, That if the Secretary de15 termines that the amount made available for vouchers in 

16 this or any other Act is not needed for vouchers, the Sec17 retary may use such funds for the demonstration program 

18 for the preservation and revitalization of multi-family 

19 rental housing properties described in this paragraph: Pro20 vided further, That of the funds made available under this 

21 heading, $24,000,000 shall be available for a demonstra22 tion program for the preservation and revitalization of the 

23 sections 514, 515, and 516 multi-family rental housing 

24 properties to restructure existing USDA multi-family 

25 housing loans, as the Secretary deems appropriate, exVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
351 

HR 21 PCS 

1 pressly for the purposes of ensuring the project has suffi2 cient resources to preserve the project for the purpose of 

3 providing safe and affordable housing for low-income resi4 dents and farm laborers including reducing or eliminating 

5 interest; deferring loan payments, subordinating, reducing 

6 or reamortizing loan debt; and other financial assistance 

7 including advances, payments and incentives (including 

8 the ability of owners to obtain reasonable returns on in9 vestment) required by the Secretary: Provided further, 

10 That the Secretary shall as part of the preservation and 

11 revitalization agreement obtain a restrictive use agreement 

12 consistent with the terms of the restructuring: Provided 

13 further, That if the Secretary determines that additional 

14 funds for vouchers described in this paragraph are needed, 

15 funds for the preservation and revitalization demonstra16 tion program may be used for such vouchers: Provided fur17 ther, That if Congress enacts legislation to permanently 

18 authorize a multi-family rental housing loan restructuring 

19 program similar to the demonstration program described 

20 herein, the Secretary may use funds made available for 

21 the demonstration program under this heading to carry 

22 out such legislation with the prior approval of the Commit23 tees on Appropriations of both Houses of Congress: Pro24 vided further, That in addition to any other available 

25 funds, the Secretary may expend not more than 


pbinns on DSK79D2C42PROD with BILLS
352 

HR 21 PCS 

1 $1,000,000 total, from the program funds made available 

2 under this heading, for administrative expenses for activi3 ties funded under this heading. 

4 MUTUAL AND SELF-HELP HOUSING GRANTS

5 For grants and contracts pursuant to section 

6 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 

7 1490c), $30,000,000, to remain available until expended. 

8 RURAL HOUSING ASSISTANCE GRANTS

9 For grants for very low-income housing repair and 

10 rural housing preservation made by the Rural Housing 

11 Service, as authorized by 42 U.S.C. 1474, and 1490m, 

12 $40,000,000, to remain available until expended. 

13 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

14 (INCLUDING TRANSFERS OF FUNDS)

15 For gross obligations for the principal amount of di16 rect and guaranteed loans as authorized by section 306 

17 and described in section 381E(d)(1) of the Consolidated 

18 Farm and Rural Development Act, $3,000,000,000 for di19 rect loans and $148,287,000 for guaranteed loans. 

20 For the cost of guaranteed loans, including the cost 

21 of modifying loans, as defined in section 502 of the Con22 gressional Budget Act of 1974, $4,285,000, to remain 

23 available until expended. 

24 For the cost of grants for rural community facilities 

25 programs as authorized by section 306 and described in 


pbinns on DSK79D2C42PROD with BILLS
353 

HR 21 PCS 

1 section 381E(d)(1) of the Consolidated Farm and Rural 

2 Development Act, $47,778,000, to remain available until 

3 expended: Provided, That $6,000,000 of the amount ap4 propriated under this heading shall be available for a 

5 Rural Community Development Initiative: Provided fur6 ther, That such funds shall be used solely to develop the 

7 capacity and ability of private, nonprofit community-based 

8 housing and community development organizations, low9 income rural communities, and Federally Recognized Na10 tive American Tribes to undertake projects to improve 

11 housing, community facilities, community and economic 

12 development projects in rural areas: Provided further, 

13 That such funds shall be made available to qualified pri14 vate, nonprofit and public intermediary organizations pro15 posing to carry out a program of financial and technical 

16 assistance: Provided further, That such intermediary orga17 nizations shall provide matching funds from other sources, 

18 including Federal funds for related activities, in an 

19 amount not less than funds provided: Provided further, 

20 That $5,778,000 of the amount appropriated under this 

21 heading shall be to provide grants for facilities in rural 

22 communities with extreme unemployment and severe eco23 nomic depression (Public Law 106–387), with up to 5 per24 cent for administration and capacity building in the State 

25 rural development offices: Provided further, That 


pbinns on DSK79D2C42PROD with BILLS
354 

HR 21 PCS 

1 $4,000,000 of the amount appropriated under this head2 ing shall be available for community facilities grants to 

3 tribal colleges, as authorized by section 306(a)(19) of such 

4 Act: Provided further, That sections 381E–H and 381N 

5 of the Consolidated Farm and Rural Development Act are 

6 not applicable to the funds made available under this 

7 heading. 

8 RURAL BUSINESS—COOPERATIVE SERVICE

9 RURAL BUSINESS PROGRAM ACCOUNT

10 (INCLUDING TRANSFERS OF FUNDS)

11 For the cost of loan guarantees and grants, for the 

12 rural business development programs authorized by sec13 tion 310B and described in subsections (a), (c), (f) and 

14 (g) of section 310B of the Consolidated Farm and Rural 

15 Development Act, $69,619,000, to remain available until 

16 expended: Provided, That of the amount appropriated 

17 under this heading, not to exceed $500,000 shall be made 

18 available for one grant to a qualified national organization 

19 to provide technical assistance for rural transportation in 

20 order to promote economic development and $8,000,000 

21 shall be for grants to the Delta Regional Authority (7 

22 U.S.C. 2009aa et seq.), the Northern Border Regional 

23 Commission (40 U.S.C. 15101 et seq.), and the Appa24 lachian Regional Commission (40 U.S.C. 14101 et seq.) 

25 for any Rural Community Advancement Program purpose 


pbinns on DSK79D2C42PROD with BILLS
355 

HR 21 PCS 

1 as described in section 381E(d) of the Consolidated Farm 

2 and Rural Development Act, of which not more than 5 

3 percent may be used for administrative expenses: Provided 

4 further, That $4,000,000 of the amount appropriated 

5 under this heading shall be for business grants to benefit 

6 Federally Recognized Native American Tribes, including 

7 $250,000 for a grant to a qualified national organization 

8 to provide technical assistance for rural transportation in 

9 order to promote economic development: Provided further, 

10 That sections 381E–H and 381N of the Consolidated 

11 Farm and Rural Development Act are not applicable to 

12 funds made available under this heading. 

13 INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT

14 (INCLUDING TRANSFER OF FUNDS)

15 For the principal amount of direct loans, as author16 ized by the Intermediary Relending Program Fund Ac17 count (7 U.S.C. 1936b), $18,889,000. 

18 For the cost of direct loans, $4,157,000, as author19 ized by the Intermediary Relending Program Fund Ac20 count (7 U.S.C. 1936b), of which $557,000 shall be avail21 able through June 30, 2019, for Federally Recognized Na22 tive American Tribes; and of which $1,072,000 shall be 

23 available through June 30, 2019, for Mississippi Delta Re24 gion counties (as determined in accordance with Public 

25 Law 100–460): Provided, That such costs, including the 


pbinns on DSK79D2C42PROD with BILLS
356 

HR 21 PCS 

1 cost of modifying such loans, shall be as defined in section 

2 502 of the Congressional Budget Act of 1974. 

3 In addition, for administrative expenses to carry out 

4 the direct loan programs, $4,468,000 shall be transferred 

5 to and merged with the appropriation for ‘‘Rural Develop6 ment, Salaries and Expenses’’. 

7 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM

8 ACCOUNT

9 For the principal amount of direct loans, as author10 ized under section 313 of the Rural Electrification Act, 

11 for the purpose of promoting rural economic development 

12 and job creation projects, $45,000,000. 

13 The cost of grants authorized under section 313 of 

14 the Rural Electrification Act, for the purpose of promoting 

15 rural economic development and job creation projects shall 

16 not exceed $10,000,000. 

17 RURAL COOPERATIVE DEVELOPMENT GRANTS

18 For rural cooperative development grants authorized 

19 under section 310B(e) of the Consolidated Farm and 

20 Rural Development Act (7 U.S.C. 1932), $30,050,000, of 

21 which $3,750,000 shall be for cooperative agreements for 

22 the appropriate technology transfer for rural areas pro23 gram: Provided, That not to exceed $3,000,000 shall be 

24 for grants for cooperative development centers, individual 

25 cooperatives, or groups of cooperatives that serve socially 


pbinns on DSK79D2C42PROD with BILLS
357 

HR 21 PCS 

1 disadvantaged groups and a majority of the boards of di2 rectors or governing boards of which are comprised of in3 dividuals who are members of socially disadvantaged 

4 groups; and of which $17,500,000, to remain available 

5 until expended, shall be for value-added agricultural prod6 uct market development grants, as authorized by section 

7 231 of the Agricultural Risk Protection Act of 2000 (7 

8 U.S.C. 1632a), of which $2,500,000 shall be for Agri9 culture Innovation Centers authorized pursuant to section 

10 6402 of Public Law 107–171. 

11 RURAL ENERGY FOR AMERICA PROGRAM

12 For the cost of a program of loan guarantees, under 

13 the same terms and conditions as authorized by section 

14 9007 of the Farm Security and Rural Investment Act of 

15 2002 (7 U.S.C. 8107), $338,000: Provided, That the cost 

16 of loan guarantees, including the cost of modifying such 

17 loans, shall be as defined in section 502 of the Congres18 sional Budget Act of 1974. 

19 RURAL UTILITIES SERVICE

20 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

21 (INCLUDING TRANSFERS OF FUNDS)

22 For the cost of direct loans, loan guarantees, and 

23 grants for the rural water, waste water, waste disposal, 

24 and solid waste management programs authorized by sec25 tions 306, 306A, 306C, 306D, 306E, and 310B and deVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
358 

HR 21 PCS 

1 scribed in sections 306C(a)(2), 306D, 306E, and 

2 381E(d)(2) of the Consolidated Farm and Rural Develop3 ment Act, $558,183,000, to remain available until ex4 pended, of which not to exceed $1,000,000 shall be avail5 able for the rural utilities program described in section 

6 306(a)(2)(B) of such Act, and of which not to exceed 

7 $993,000 shall be available for the rural utilities program 

8 described in section 306E of such Act: Provided, That not 

9 to exceed $15,000,000 of the amount appropriated under 

10 this heading shall be for grants authorized by section 

11 306A(i)(2) of the Consolidated Farm and Rural Develop12 ment Act in addition to funding authorized by section 

13 306A(i)(1) of such Act and such grants may not exceed 

14 $1,000,000 notwithstanding section 306A(f)(1) of such 

15 Act: Provided further, That $68,000,000 of the amount 

16 appropriated under this heading shall be for loans and 

17 grants including water and waste disposal systems grants 

18 authorized by section 306C(a)(2)(B) and section 306D of 

19 the Consolidated Farm and Rural Development Act, and 

20 Federally Recognized Native American Tribes authorized 

21 by 306C(a)(1) of such Act: Provided further, That funding 

22 provided for section 306D of the Consolidated Farm and 

23 Rural Development Act may be provided to a consortium 

24 formed pursuant to section 325 of Public Law 105–83: 

25 Provided further, That not more than 2 percent of the 


pbinns on DSK79D2C42PROD with BILLS
359 

HR 21 PCS 

1 funding provided for section 306D of the Consolidated 

2 Farm and Rural Development Act may be used by the 

3 State of Alaska for training and technical assistance pro4 grams and not more than 2 percent of the funding pro5 vided for section 306D of the Consolidated Farm and 

6 Rural Development Act may be used by a consortium 

7 formed pursuant to section 325 of Public Law 105–83 for 

8 training and technical assistance programs: Provided fur9 ther, That not to exceed $40,000,000 of the amount ap10 propriated under this heading shall be for technical assist11 ance grants for rural water and waste systems pursuant 

12 to section 306(a)(14) of such Act, unless the Secretary 

13 makes a determination of extreme need, of which 

14 $8,000,000 shall be made available for a grant to a quali15 fied nonprofit multi-State regional technical assistance or16 ganization, with experience in working with small commu17 nities on water and waste water problems, the principal 

18 purpose of such grant shall be to assist rural communities 

19 with populations of 3,300 or less, in improving the plan20 ning, financing, development, operation, and management 

21 of water and waste water systems, and of which not less 

22 than $800,000 shall be for a qualified national Native 

23 American organization to provide technical assistance for 

24 rural water systems for tribal communities: Provided fur25 ther, That not to exceed $19,000,000 of the amount apVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
360 

HR 21 PCS 

1 propriated under this heading shall be for contracting with 

2 qualified national organizations for a circuit rider program 

3 to provide technical assistance for rural water systems: 

4 Provided further, That not to exceed $4,000,000 shall be 

5 for solid waste management grants: Provided further, That 

6 $10,000,000 of the amount appropriated under this head7 ing shall be transferred to, and merged with, the Rural 

8 Utilities Service, High Energy Cost Grants Account to 

9 provide grants authorized under section 19 of the Rural 

10 Electrification Act of 1936 (7 U.S.C. 918a): Provided fur11 ther, That any prior year balances for high-energy cost 

12 grants authorized by section 19 of the Rural Electrifica13 tion Act of 1936 (7 U.S.C. 918a) shall be transferred to 

14 and merged with the Rural Utilities Service, High Energy 

15 Cost Grants Account: Provided further, That sections 

16 381E–H and 381N of the Consolidated Farm and Rural 

17 Development Act are not applicable to the funds made 

18 available under this heading. 

19 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS

20 LOANS PROGRAM ACCOUNT

21 (INCLUDING TRANSFER OF FUNDS)

22 The principal amount of direct and guaranteed loans 

23 as authorized by sections 305, 306, and 317 of the Rural 

24 Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g) 

25 shall be made as follows: loans made pursuant to sections 


pbinns on DSK79D2C42PROD with BILLS
361 

HR 21 PCS 

1 305, 306, and 317, notwithstanding 317(c), of that Act, 

2 rural electric, $5,500,000,000; guaranteed underwriting 

3 loans pursuant to section 313A, $750,000,000; 5 percent 

4 rural telecommunications loans, cost of money rural tele5 communications loans, and for loans made pursuant to 

6 section 306 of that Act, rural telecommunications loans, 

7 $690,000,000: Provided, That up to $2,000,000,000 shall 

8 be used for the construction, acquisition, design and engi9 neering or improvement of fossil-fueled electric generating 

10 plants (whether new or existing) that utilize carbon sub11 surface utilization and storage systems. 

12 For the cost of direct loans as authorized by section 

13 305 of the Rural Electrification Act of 1936 (7 U.S.C. 

14 935), including the cost of modifying loans, as defined in 

15 section 502 of the Congressional Budget Act of 1974, cost 

16 of money rural telecommunications loans, $1,725,000. 

17 In addition, for administrative expenses necessary to 

18 carry out the direct and guaranteed loan programs, 

19 $33,270,000, which shall be transferred to and merged 

20 with the appropriation for ‘‘Rural Development, Salaries 

21 and Expenses’’. 

22 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

23 PROGRAM

24 For the principal amount of broadband telecommuni25 cation loans, $29,851,000. 


pbinns on DSK79D2C42PROD with BILLS
362 

HR 21 PCS 

1 For grants for telemedicine and distance learning 

2 services in rural areas, as authorized by 7 U.S.C. 950aaa 

3 et seq., $33,000,000, to remain available until expended: 

4 Provided, That $3,000,000 shall be made available for 

5 grants authorized by 379G of the Consolidated Farm and 

6 Rural Development Act: Provided further, That funding 

7 provided under this heading for grants under 379G of the 

8 Consolidated Farm and Rural Development Act may only 

9 be provided to entities that meet all of the eligibility cri10 teria for a consortium as established by this section. 

11 For the cost of broadband loans, as authorized by 

12 section 601 of the Rural Electrification Act, $5,830,000, 

13 to remain available until expended: Provided, That the 

14 cost of direct loans shall be as defined in section 502 of 

15 the Congressional Budget Act of 1974. 

16 In addition, $30,000,000, to remain available until 

17 expended, for a grant program to finance broadband 

18 transmission in rural areas eligible for Distance Learning 

19 and Telemedicine Program benefits authorized by 7 

20 U.S.C. 950aaa. 

21 RURAL HEALTH AND SAFETY EDUCATION PROGRAMS

22 Any funds provided by this Act for rural health and 

23 safety education programs authorized under section 502(i) 

24 of the Rural Development Act of 1972 (7 U.S.C. 2662(i)) 

25 may be used under those programs to address the opioid 


pbinns on DSK79D2C42PROD with BILLS
363 

HR 21 PCS 

1 abuse epidemic and to combat opioid abuse in rural com2 munities. 

3 TITLE IV 

4 DOMESTIC FOOD PROGRAMS 

5 OFFICE OF THE UNDER SECRETARY FOR FOOD, 

6 NUTRITION, AND CONSUMER SERVICES

7 For necessary expenses of the Office of the Under 

8 Secretary for Food, Nutrition, and Consumer Services, 

9 $800,000: Provided, That funds made available by this 

10 Act to an agency in the Food, Nutrition and Consumer 

11 Services mission area for salaries and expenses are avail12 able to fund up to one administrative support staff for 

13 the Office. 

14 FOOD AND NUTRITION SERVICE

15 CHILD NUTRITION PROGRAMS

16 (INCLUDING TRANSFERS OF FUNDS)

17 For necessary expenses to carry out the Richard B. 

18 Russell National School Lunch Act (42 U.S.C. 1751 et 

19 seq.), except section 21, and the Child Nutrition Act of 

20 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 

21 21; $23,184,012,000 to remain available through Sep22 tember 30, 2020, of which such sums as are made avail23 able under section 14222(b)(1) of the Food, Conservation, 

24 and Energy Act of 2008 (Public Law 110–246), as 

25 amended by this Act, shall be merged with and available 


pbinns on DSK79D2C42PROD with BILLS
364 

HR 21 PCS 

1 for the same time period and purposes as provided herein: 

2 Provided, That of the total amount available, $17,004,000 

3 shall be available to carry out section 19 of the Child Nu4 trition Act of 1966 (42 U.S.C. 1771 et seq.): Provided 

5 further, That of the total amount available, $30,000,000 

6 shall be available to provide competitive grants to State 

7 agencies for subgrants to local educational agencies and 

8 schools to purchase the equipment, with a value of greater 

9 than $1,000, needed to serve healthier meals, improve food 

10 safety, and to help support the establishment, mainte11 nance, or expansion of the school breakfast program: Pro12 vided further, That of the total amount available, 

13 $28,000,000 shall remain available until expended to carry 

14 out section 749(g) of the Agriculture Appropriations Act 

15 of 2010 (Public Law 111–80): Provided further, That sec16 tion 26(d) of the Richard B. Russell National School 

17 Lunch Act (42 U.S.C. 1769g(d)) is amended in the first 

18 sentence by striking ‘‘2010 through 2018’’ and inserting 

19 ‘‘2010 through 2019’’: Provided further, That section 

20 9(h)(3) of the Richard B. Russell National School Lunch 

21 Act (42 U.S.C. 1758(h)(3)) is amended in the first sen22 tence by striking ‘‘for fiscal year 2018’’ and inserting ‘‘for 

23 fiscal year 2019’’: Provided further, That section 9(h)(4) 

24 of the Richard B. Russell National School Lunch Act (42 

25 U.S.C. 1758(h)(4)) is amended in the first sentence by 


pbinns on DSK79D2C42PROD with BILLS
365 

HR 21 PCS 

1 striking ‘‘for fiscal year 2018’’ and inserting ‘‘for fiscal 

2 year 2019’’. 

3 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

4 WOMEN, INFANTS, AND CHILDREN (WIC)

5 For necessary expenses to carry out the special sup6 plemental nutrition program as authorized by section 17 

7 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), 

8 $6,150,000,000, to remain available through September 

9 30, 2020, of which $25,000,000 shall be placed in reserve, 

10 to remain available until expended, to be allocated as the 

11 Secretary deemed necessary, notwithstanding section 17(i) 

12 of such Act, to support participation should cost or partici13 pation exceed budget estimates: Provided, That notwith14 standing section 17(h)(10) of the Child Nutrition Act of 

15 1966 (42 U.S.C. 1786(h)(10)), not less than $67,500,000 

16 shall be used for breastfeeding peer counselors and other 

17 related activities, and $19,000,000 shall be used for infra18 structure, of which $5,000,000 shall be for competitive 

19 grants to promote breastfeeding and improved nutritional 

20 health through technologies and services, including tele21 medicine: Provided further, That none of the funds pro22 vided in this account shall be available for the purchase 

23 of infant formula except in accordance with the cost con24 tainment and competitive bidding requirements specified 

25 in section 17 of such Act: Provided further, That none of 


pbinns on DSK79D2C42PROD with BILLS
366 

HR 21 PCS 

1 the funds provided shall be available for activities that are 

2 not fully reimbursed by other Federal Government depart3 ments or agencies unless authorized by section 17 of such 

4 Act: Provided further, That upon termination of a feder5 ally mandated vendor moratorium and subject to terms 

6 and conditions established by the Secretary, the Secretary 

7 may waive the requirement at 7 CFR 246.12(g)(6) at the 

8 request of a State agency. 

9 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

10 For necessary expenses to carry out the Food and 

11 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), 

12 $73,219,274,000, of which $3,000,000,000, to remain 

13 available through December 31, 2020, shall be placed in 

14 reserve for use only in such amounts and at such times 

15 as may become necessary to carry out program operations: 

16 Provided, That funds provided herein shall be expended 

17 in accordance with section 16 of the Food and Nutrition 

18 Act of 2008: Provided further, That of the funds made 

19 available under this heading, $998,000 may be used to 

20 provide nutrition education services to State agencies and 

21 Federally Recognized Tribes participating in the Food 

22 Distribution Program on Indian Reservations: Provided 

23 further, That this appropriation shall be subject to any 

24 work registration or workfare requirements as may be re25 quired by law: Provided further, That funds made available 


pbinns on DSK79D2C42PROD with BILLS
367 

HR 21 PCS 

1 for Employment and Training under this heading shall re2 main available through September 30, 2020: Provided fur3 ther, That funds made available under this heading for 

4 section 28(d)(1), section 4(b), and section 27(a) of the 

5 Food and Nutrition Act of 2008 shall remain available 

6 through September 30, 2020: Provided further, That none 

7 of the funds made available under this heading may be 

8 obligated or expended in contravention of section 213A of 

9 the Immigration and Nationality Act (8 U.S.C. 1183A): 

10 Provided further, That funds made available under this 

11 heading may be used to enter into contracts and employ 

12 staff to conduct studies, evaluations, or to conduct activi13 ties related to program integrity provided that such activi14 ties are authorized by the Food and Nutrition Act of 2008. 

15 COMMODITY ASSISTANCE PROGRAM

16 For necessary expenses to carry out disaster assist17 ance and the Commodity Supplemental Food Program as 

18 authorized by section 4(a) of the Agriculture and Con19 sumer Protection Act of 1973 (7 U.S.C. 612c note); the 

20 Emergency Food Assistance Act of 1983; special assist21 ance for the nuclear affected islands, as authorized by sec22 tion 103(f)(2) of the Compact of Free Association Amend23 ments Act of 2003 (Public Law 108–188); and the Farm24 ers’ Market Nutrition Program, as authorized by section 

25 17(m) of the Child Nutrition Act of 1966, $322,139,000, 


pbinns on DSK79D2C42PROD with BILLS
368 

HR 21 PCS 

1 to remain available through September 30, 2020: Pro2 vided, That none of these funds shall be available to reim3 burse the Commodity Credit Corporation for commodities 

4 donated to the program: Provided further, That notwith5 standing any other provision of law, effective with funds 

6 made available in fiscal year 2019 to support the Seniors 

7 Farmers’ Market Nutrition Program, as authorized by 

8 section 4402 of the Farm Security and Rural Investment 

9 Act of 2002, such funds shall remain available through 

10 September 30, 2020: Provided further, That of the funds 

11 made available under section 27(a) of the Food and Nutri12 tion Act of 2008 (7 U.S.C. 2036(a)), the Secretary may 

13 use up to 15 percent for costs associated with the distribu14 tion of commodities. 

15 NUTRITION PROGRAMS ADMINISTRATION

16 For necessary administrative expenses of the Food 

17 and Nutrition Service for carrying out any domestic nutri18 tion assistance program, $164,688,000: Provided, That of 

19 the funds provided herein, $2,000,000 shall be used for 

20 the purposes of section 4404 of Public Law 107–171, as 

21 amended by section 4401 of Public Law 110–246. 


pbinns on DSK79D2C42PROD with BILLS
369 

HR 21 PCS 

1 TITLE V 

2 FOREIGN ASSISTANCE AND RELATED 

3 PROGRAMS 

4 OFFICE OF THE UNDER SECRETARY FOR TRADE AND

5 FOREIGN AGRICULTURAL AFFAIRS

6 For necessary expenses of the Office of the Under 

7 Secretary for Trade and Foreign Agricultural Affairs, 

8 $875,000: Provided, That funds made available by this 

9 Act to any agency in the Trade and Foreign Agricultural 

10 Affairs mission area for salaries and expenses are avail11 able to fund up to one administrative support staff for 

12 the Office. 

13 OFFICE OF CODEX ALIMENTARIUS

14 For necessary expenses of the Office of Codex 

15 Alimentarius, $3,976,000, including not to exceed 

16 $40,000 for official reception and representation expenses. 

17 FOREIGN AGRICULTURAL SERVICE

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFERS OF FUNDS)

20 For necessary expenses of the Foreign Agricultural 

21 Service, including not to exceed $250,000 for representa22 tion allowances and for expenses pursuant to section 8 of 

23 the Act approved August 3, 1956 (7 U.S.C. 1766), 

24 $212,230,000, of which no more than 6 percent shall re25 main available until September 30, 2020, for overseas opVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
370 

HR 21 PCS 

1 erations to include the payment of locally employed staff: 

2 Provided, That the Service may utilize advances of funds, 

3 or reimburse this appropriation for expenditures made on 

4 behalf of Federal agencies, public and private organiza5 tions and institutions under agreements executed pursu6 ant to the agricultural food production assistance pro7 grams (7 U.S.C. 1737) and the foreign assistance pro8 grams of the United States Agency for International De9 velopment: Provided further, That funds made available 

10 for middle-income country training programs, funds made 

11 available for the Borlaug International Agricultural 

12 Science and Technology Fellowship program, and up to 

13 $2,000,000 of the Foreign Agricultural Service appropria14 tion solely for the purpose of offsetting fluctuations in 

15 international currency exchange rates, subject to docu16 mentation by the Foreign Agricultural Service, shall re17 main available until expended. 

18 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD

19 FOR PROGRESS PROGRAM ACCOUNT

20 (INCLUDING TRANSFER OF FUNDS)

21 For administrative expenses to carry out the credit 

22 program of title I, Food for Peace Act (Public Law 83– 

23 480) and the Food for Progress Act of 1985, $142,000, 

24 shall be transferred to and merged with the appropriation 

25 for ‘‘Farm Service Agency, Salaries and Expenses’’. 


pbinns on DSK79D2C42PROD with BILLS
371 

HR 21 PCS 

1 FOOD FOR PEACE TITLE II GRANTS

2 For expenses during the current fiscal year, not oth3 erwise recoverable, and unrecovered prior years’ costs, in4 cluding interest thereon, under the Food for Peace Act 

5 (Public Law 83–480), for commodities supplied in connec6 tion with dispositions abroad under title II of said Act, 

7 $1,716,000,000, to remain available until expended. 

8 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION

9 AND CHILD NUTRITION PROGRAM GRANTS

10 For necessary expenses to carry out the provisions 

11 of section 3107 of the Farm Security and Rural Invest12 ment Act of 2002 (7 U.S.C. 1736o–1), $210,255,000, to 

13 remain available until expended: Provided, That the Com14 modity Credit Corporation is authorized to provide the 

15 services, facilities, and authorities for the purpose of im16 plementing such section, subject to reimbursement from 

17 amounts provided herein: Provided further, That of the 

18 amount made available under this heading, $15,000,000, 

19 shall remain available until expended for necessary ex20 penses to carry out the provisions of section 3207 of the 

21 Agricultural Act of 2014 (7 U.S.C. 1726c). 


pbinns on DSK79D2C42PROD with BILLS
372 

HR 21 PCS 

1 COMMODITY CREDIT CORPORATION EXPORT (LOANS)

2 CREDIT GUARANTEE PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 For administrative expenses to carry out the Com5 modity Credit Corporation’s Export Guarantee Program, 

6 GSM 102 and GSM 103, $8,845,000; to cover common 

7 overhead expenses as permitted by section 11 of the Com8 modity Credit Corporation Charter Act and in conformity 

9 with the Federal Credit Reform Act of 1990, of which 

10 $6,382,000 shall be transferred to and merged with the 

11 appropriation for ‘‘Foreign Agricultural Service, Salaries 

12 and Expenses’’, and of which $2,463,000 shall be trans13 ferred to and merged with the appropriation for ‘‘Farm 

14 Service Agency, Salaries and Expenses’’. 

15 TITLE VI 

16 RELATED AGENCY AND FOOD AND DRUG 

17 ADMINISTRATION 

18 DEPARTMENT OF HEALTH AND HUMAN SERVICES

19 FOOD AND DRUG ADMINISTRATION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Food and Drug Ad22 ministration, including hire and purchase of passenger 

23 motor vehicles; for payment of space rental and related 

24 costs pursuant to Public Law 92–313 for programs and 

25 activities of the Food and Drug Administration which are 


pbinns on DSK79D2C42PROD with BILLS
373 

HR 21 PCS 

1 included in this Act; for rental of special purpose space 

2 in the District of Columbia or elsewhere; in addition to 

3 amounts appropriated to the FDA Innovation Account, for 

4 carrying out the activities described in section 1002(b)(4) 

5 of the 21st Century Cures Act (Public Law 114–255); for 

6 miscellaneous and emergency expenses of enforcement ac7 tivities, authorized and approved by the Secretary and to 

8 be accounted for solely on the Secretary’s certificate, not 

9 to exceed $25,000; and notwithstanding section 521 of 

10 Public Law 107–188; $5,419,299,000: Provided, That of 

11 the amount provided under this heading, $960,568,000 

12 shall be derived from prescription drug user fees author13 ized by 21 U.S.C. 379h, and shall be credited to this ac14 count and remain available until expended; $196,668,000 

15 shall be derived from medical device user fees authorized 

16 by 21 U.S.C. 379j, and shall be credited to this account 

17 and remain available until expended; $501,396,000 shall 

18 be derived from human generic drug user fees authorized 

19 by 21 U.S.C. 379j–42, and shall be credited to this ac20 count and remain available until expended; $40,922,000 

21 shall be derived from biosimilar biological product user 

22 fees authorized by 21 U.S.C. 379j–52, and shall be cred23 ited to this account and remain available until expended; 

24 $30,331,000 shall be derived from animal drug user fees 

25 authorized by 21 U.S.C. 379j–12, and shall be credited 


pbinns on DSK79D2C42PROD with BILLS
374 

HR 21 PCS 

1 to this account and remain available until expended; 

2 $18,336,000 shall be derived from generic new animal 

3 drug user fees authorized by 21 U.S.C. 379j–21, and shall 

4 be credited to this account and remain available until ex5 pended; $712,000,000 shall be derived from tobacco prod6 uct user fees authorized by 21 U.S.C. 387s, and shall be 

7 credited to this account and remain available until ex8 pended: Provided further, That in addition to and notwith9 standing any other provision under this heading, amounts 

10 collected for prescription drug user fees, medical device 

11 user fees, human generic drug user fees, biosimilar biologi12 cal product user fees, animal drug user fees, and generic 

13 new animal drug user fees that exceed the respective fiscal 

14 year 2019 limitations are appropriated and shall be cred15 ited to this account and remain available until expended: 

16 Provided further, That fees derived from prescription drug, 

17 medical device, human generic drug, biosimilar biological 

18 product, animal drug, and generic new animal drug as19 sessments for fiscal year 2019, including any such fees 

20 collected prior to fiscal year 2019 but credited for fiscal 

21 year 2019, shall be subject to the fiscal year 2019 limita22 tions: Provided further, That the Secretary may accept 

23 payment during fiscal year 2019 of user fees specified 

24 under this heading and authorized for fiscal year 2020, 

25 prior to the due date for such fees, and that amounts of 


pbinns on DSK79D2C42PROD with BILLS
375 

HR 21 PCS 

1 such fees assessed for fiscal year 2020 for which the Sec2 retary accepts payment in fiscal year 2019 shall not be 

3 included in amounts under this heading: Provided further, 

4 That none of these funds shall be used to develop, estab5 lish, or operate any program of user fees authorized by 

6 31 U.S.C. 9701: Provided further, That of the total 

7 amount appropriated: (1) $1,052,315,000 shall be for the 

8 Center for Food Safety and Applied Nutrition and related 

9 field activities in the Office of Regulatory Affairs, of which 

10 no less than $15,000,000 shall be used for inspections of 

11 foreign seafood manufacturers and field examinations of 

12 imported seafood; (2) $1,720,807,000 shall be for the 

13 Center for Drug Evaluation and Research and related 

14 field activities in the Office of Regulatory Affairs; (3) 

15 $369,857,000 shall be for the Center for Biologics Evalua16 tion and Research and for related field activities in the 

17 Office of Regulatory Affairs; (4) $216,914,000 shall be 

18 for the Center for Veterinary Medicine and for related 

19 field activities in the Office of Regulatory Affairs; (5) 

20 $495,988,000 shall be for the Center for Devices and Ra21 diological Health and for related field activities in the Of22 fice of Regulatory Affairs; (6) $65,531,000 shall be for 

23 the National Center for Toxicological Research; (7) 

24 $662,043,000 shall be for the Center for Tobacco Prod25 ucts and for related field activities in the Office of ReguVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00375 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
376 

HR 21 PCS 

1 latory Affairs; (8) not to exceed $174,751,000 shall be for 

2 Rent and Related activities, of which $50,987,000 is for 

3 White Oak Consolidation, other than the amounts paid to 

4 the General Services Administration for rent; (9) not to 

5 exceed $240,887,000 shall be for payments to the General 

6 Services Administration for rent; and (10) $420,206,000 

7 shall be for other activities, including the Office of the 

8 Commissioner of Food and Drugs, the Office of Foods and 

9 Veterinary Medicine, the Office of Medical and Tobacco 

10 Products, the Office of Global and Regulatory Policy, the 

11 Office of Operations, the Office of the Chief Scientist, and 

12 central services for these offices: Provided further, That 

13 not to exceed $25,000 of this amount shall be for official 

14 reception and representation expenses, not otherwise pro15 vided for, as determined by the Commissioner: Provided 

16 further, That any transfer of funds pursuant to section 

17 770(n) of the Federal Food, Drug, and Cosmetic Act (21 

18 U.S.C. 379dd(n)) shall only be from amounts made avail19 able under this heading for other activities: Provided fur20 ther, That of the amounts that are made available under 

21 this heading for ‘‘other activities’’, and that are not de22 rived from user fees, $1,500,000 shall be transferred to 

23 and merged with the appropriation for ‘‘Department of 

24 Health and Human Services—Office of Inspector Gen25 eral’’ for oversight of the programs and operations of the 


pbinns on DSK79D2C42PROD with BILLS
377 

HR 21 PCS 

1 Food and Drug Administration and shall be in addition 

2 to funds otherwise made available for oversight of the 

3 Food and Drug Administration: Provided further, That 

4 funds may be transferred from one specified activity to 

5 another with the prior approval of the Committees on Ap6 propriations of both Houses of Congress. 

7 In addition, mammography user fees authorized by 

8 42 U.S.C. 263b, export certification user fees authorized 

9 by 21 U.S.C. 381, priority review user fees authorized by 

10 21 U.S.C. 360n and 360ff, food and feed recall fees, food 

11 reinspection fees, and voluntary qualified importer pro12 gram fees authorized by 21 U.S.C. 379j–31, outsourcing 

13 facility fees authorized by 21 U.S.C. 379j–62, prescription 

14 drug wholesale distributor licensing and inspection fees 

15 authorized by 21 U.S.C. 353(e)(3), third-party logistics 

16 provider licensing and inspection fees authorized by 21 

17 U.S.C. 360eee–3(c)(1), third-party auditor fees authorized 

18 by 21 U.S.C. 384d(c)(8), and medical countermeasure pri19 ority review voucher user fees authorized by 21 U.S.C. 

20 360bbb–4a, shall be credited to this account, to remain 

21 available until expended. 

22 BUILDINGS AND FACILITIES

23 For plans, construction, repair, improvement, exten24 sion, alteration, demolition, and purchase of fixed equip25 ment or facilities of or used by the Food and Drug AdminVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
378 

HR 21 PCS 

1 istration, where not otherwise provided, $11,788,000, to 

2 remain available until expended. 

3 FDA INNOVATION ACCOUNT, CURES ACT

4 For necessary expenses to carry out the purposes de5 scribed under section 1002(b)(4) of the 21st Century 

6 Cures Act, in addition to amounts available for such pur7 poses under the heading ‘‘Salaries and Expenses’’, 

8 $70,000,000, to remain available until expended: Pro9 vided, That amounts appropriated in this paragraph are 

10 appropriated pursuant to section 1002(b)(3) of the 21st 

11 Century Cures Act, are to be derived from amounts trans12 ferred under section 1002(b)(2)(A) of such Act, and may 

13 be transferred by the Commissioner of Food and Drugs 

14 to the appropriation for ‘‘Department of Health and 

15 Human Services—Food and Drug Administration—Sala16 ries and Expenses’’ solely for the purposes provided in 

17 such Act: Provided further, That upon a determination by 

18 the Commissioner that funds transferred pursuant to the 

19 previous proviso are not necessary for the purposes pro20 vided, such amounts may be transferred back to the ac21 count: Provided further, That such transfer authority is 

22 in addition to any other transfer authority provided by 

23 law. 


pbinns on DSK79D2C42PROD with BILLS
379 

HR 21 PCS 

1 INDEPENDENT AGENCY 

2 FARM CREDIT ADMINISTRATION

3 LIMITATION ON ADMINISTRATIVE EXPENSES

4 Not to exceed $74,600,000 (from assessments col5 lected from farm credit institutions, including the Federal 

6 Agricultural Mortgage Corporation) shall be obligated 

7 during the current fiscal year for administrative expenses 

8 as authorized under 12 U.S.C. 2249: Provided, That this 

9 limitation shall not apply to expenses associated with re10 ceiverships: Provided further, That the agency may exceed 

11 this limitation by up to 10 percent with notification to the 

12 Committees on Appropriations of both Houses of Con13 gress. 

14 TITLE VII 

15 GENERAL PROVISIONS 

16 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

17 SEC. 701. Within the unit limit of cost fixed by law, 

18 appropriations and authorizations made for the Depart19 ment of Agriculture for the current fiscal year under this 

20 Act shall be available for the purchase, in addition to those 

21 specifically provided for, of not to exceed 71 passenger 

22 motor vehicles of which 68 shall be for replacement only, 

23 and for the hire of such vehicles: Provided, That notwith24 standing this section, the only purchase of new passenger 

25 vehicles shall be for those determined by the Secretary to 


pbinns on DSK79D2C42PROD with BILLS
380 

HR 21 PCS 

1 be necessary for transportation safety, to reduce oper2 ational costs, and for the protection of life, property, and 

3 public safety. 

4 SEC. 702. Notwithstanding any other provision of 

5 this Act, the Secretary of Agriculture may transfer unobli6 gated balances of discretionary funds appropriated by this 

7 Act or any other available unobligated discretionary bal8 ances that are remaining available of the Department of 

9 Agriculture to the Working Capital Fund for the acquisi10 tion of plant and capital equipment necessary for the deliv11 ery of financial, administrative, and information tech12 nology services of primary benefit to the agencies of the 

13 Department of Agriculture, such transferred funds to re14 main available until expended: Provided, That none of the 

15 funds made available by this Act or any other Act shall 

16 be transferred to the Working Capital Fund without the 

17 prior approval of the agency administrator: Provided fur18 ther, That none of the funds transferred to the Working 

19 Capital Fund pursuant to this section shall be available 

20 for obligation without written notification to and the prior 

21 approval of the Committees on Appropriations of both 

22 Houses of Congress: Provided further, That none of the 

23 funds appropriated by this Act or made available to the 

24 Department’s Working Capital Fund shall be available for 

25 obligation or expenditure to make any changes to the DeVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
381 

HR 21 PCS 

1 partment’s National Finance Center without written noti2 fication to and prior approval of the Committees on Ap3 propriations of both Houses of Congress as required by 

4 section 717 of this Act: Provided further, That none of 

5 the funds appropriated by this Act or made available to 

6 the Department’s Working Capital Fund shall be available 

7 for obligation or expenditure to initiate, plan, develop, im8 plement, or make any changes to remove or relocate any 

9 systems, missions, or functions of the offices of the Chief 

10 Financial Officer or any personnel from the National Fi11 nance Center prior to written notification to and prior ap12 proval of the Committee on Appropriations of both Houses 

13 of Congress and in accordance with the requirements of 

14 section 717 of this Act: Provided further, That the Sec15 retary of Agriculture and the offices of the Chief Financial 

16 Officer shall actively market to existing and new Depart17 ments and other government agencies National Finance 

18 Center shared services including, but not limited to, pay19 roll, financial management, and human capital shared 

20 services and allow the National Finance Center to perform 

21 technology upgrades: Provided further, That of annual in22 come amounts in the Working Capital Fund of the De23 partment of Agriculture attributable to the amounts in ex24 cess of the true costs of the shared services provided by 

25 the National Finance Center and budgeted for the NaVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
382 

HR 21 PCS 

1 tional Finance Center, the Secretary shall reserve not 

2 more than 4 percent for the replacement or acquisition 

3 of capital equipment, including equipment for the improve4 ment, delivery, and implementation of financial, adminis5 trative, and information technology services, and other 

6 systems of the National Finance Center or to pay any un7 foreseen, extraordinary cost of the National Finance Cen8 ter: Provided further, That none of the amounts reserved 

9 shall be available for obligation unless the Secretary sub10 mits written notification of the obligation to the Commit11 tees on Appropriations of both Houses of Congress: Pro12 vided further, That the limitations on the obligation of 

13 funds pending notification to Congressional Committees 

14 shall not apply to any obligation that, as determined by 

15 the Secretary, is necessary to respond to a declared state 

16 of emergency that significantly impacts the operations of 

17 the National Finance Center; or to evacuate employees of 

18 the National Finance Center to a safe haven to continue 

19 operations of the National Finance Center. 

20 SEC. 703. No part of any appropriation contained in 

21 this Act shall remain available for obligation beyond the 

22 current fiscal year unless expressly so provided herein. 

23 SEC. 704. No funds appropriated by this Act may be 

24 used to pay negotiated indirect cost rates on cooperative 

25 agreements or similar arrangements between the United 


pbinns on DSK79D2C42PROD with BILLS
383 

HR 21 PCS 

1 States Department of Agriculture and nonprofit institu2 tions in excess of 10 percent of the total direct cost of 

3 the agreement when the purpose of such cooperative ar4 rangements is to carry out programs of mutual interest 

5 between the two parties. This does not preclude appro6 priate payment of indirect costs on grants and contracts 

7 with such institutions when such indirect costs are com8 puted on a similar basis for all agencies for which appro9 priations are provided in this Act. 

10 SEC. 705. Appropriations to the Department of Agri11 culture for the cost of direct and guaranteed loans made 

12 available in the current fiscal year shall remain available 

13 until expended to disburse obligations made in the current 

14 fiscal year for the following accounts: the Rural Develop15 ment Loan Fund program account, the Rural Electrifica16 tion and Telecommunication Loans program account, and 

17 the Rural Housing Insurance Fund program account. 

18 SEC. 706. None of the funds made available to the 

19 Department of Agriculture by this Act may be used to ac20 quire new information technology systems or significant 

21 upgrades, as determined by the Office of the Chief Infor22 mation Officer, without the approval of the Chief Informa23 tion Officer and the concurrence of the Executive Informa24 tion Technology Investment Review Board: Provided, That 

25 notwithstanding any other provision of law, none of the 


pbinns on DSK79D2C42PROD with BILLS
384 

HR 21 PCS 

1 funds appropriated or otherwise made available by this 

2 Act may be transferred to the Office of the Chief Informa3 tion Officer without written notification to and the prior 

4 approval of the Committees on Appropriations of both 

5 Houses of Congress: Provided further, That, notwith6 standing section 11319 of title 40, United States Code, 

7 none of the funds available to the Department of Agri8 culture for information technology shall be obligated for 

9 projects, contracts, or other agreements over $25,000 

10 prior to receipt of written approval by the Chief Informa11 tion Officer: Provided further, That the Chief Information 

12 Officer may authorize an agency to obligate funds without 

13 written approval from the Chief Information Officer for 

14 projects, contracts, or other agreements up to $250,000 

15 based upon the performance of an agency measured 

16 against the performance plan requirements described in 

17 the explanatory statement accompanying Public Law 113– 

18 235. 

19 SEC. 707. Funds made available under section 524(b) 

20 of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in 

21 the current fiscal year shall remain available until ex22 pended to disburse obligations made in the current fiscal 

23 year. 

24 SEC. 708. Notwithstanding any other provision of 

25 law, any former RUS borrower that has repaid or prepaid 


pbinns on DSK79D2C42PROD with BILLS
385 

HR 21 PCS 

1 an insured, direct or guaranteed loan under the Rural 

2 Electrification Act of 1936, or any not-for-profit utility 

3 that is eligible to receive an insured or direct loan under 

4 such Act, shall be eligible for assistance under section 

5 313(b)(2)(B) of such Act in the same manner as a bor6 rower under such Act. 

7 SEC. 709. Except as otherwise specifically provided 

8 by law, not more than $20,000,000 in unobligated bal9 ances from appropriations made available for salaries and 

10 expenses in this Act for the Farm Service Agency shall 

11 remain available through September 30, 2020, for infor12 mation technology expenses: Provided, That except as oth13 erwise specifically provided by law, unobligated balances 

14 from appropriations made available for salaries and ex15 penses in this Act for the Rural Development mission area 

16 shall remain available through September 30, 2020, for 

17 information technology expenses. 

18 SEC. 710. None of the funds appropriated or other19 wise made available by this Act may be used for first-class 

20 travel by the employees of agencies funded by this Act in 

21 contravention of sections 301–10.122 through 301–10.124 

22 of title 41, Code of Federal Regulations. 

23 SEC. 711. In the case of each program established 

24 or amended by the Agricultural Act of 2014 (Public Law 

25 113–79), other than by title I or subtitle A of title III 


pbinns on DSK79D2C42PROD with BILLS
386 

HR 21 PCS 

1 of such Act, or programs for which indefinite amounts 

2 were provided in that Act, that is authorized or required 

3 to be carried out using funds of the Commodity Credit 

4 Corporation— 

5 (1) such funds shall be available for salaries 

6 and related administrative expenses, including tech7 nical assistance, associated with the implementation 

8 of the program, without regard to the limitation on 

9 the total amount of allotments and fund transfers 

10 contained in section 11 of the Commodity Credit 

11 Corporation Charter Act (15 U.S.C. 714i); and 

12 (2) the use of such funds for such purpose shall 

13 not be considered to be a fund transfer or allotment 

14 for purposes of applying the limitation on the total 

15 amount of allotments and fund transfers contained 

16 in such section. 

17 SEC. 712. Of the funds made available by this Act, 

18 not more than $2,900,000 shall be used to cover necessary 

19 expenses of activities related to all advisory committees, 

20 panels, commissions, and task forces of the Department 

21 of Agriculture, except for panels used to comply with nego22 tiated rule makings and panels used to evaluate competi23 tively awarded grants. 

24 SEC. 713. None of the funds in this Act shall be avail25 able to pay indirect costs charged against any agricultural 


pbinns on DSK79D2C42PROD with BILLS
387 

HR 21 PCS 

1 research, education, or extension grant awards issued by 

2 the National Institute of Food and Agriculture that exceed 

3 30 percent of total Federal funds provided under each 

4 award: Provided, That notwithstanding section 1462 of 

5 the National Agricultural Research, Extension, and 

6 Teaching Policy Act of 1977 (7 U.S.C. 3310), funds pro7 vided by this Act for grants awarded competitively by the 

8 National Institute of Food and Agriculture shall be avail9 able to pay full allowable indirect costs for each grant 

10 awarded under section 9 of the Small Business Act (15 

11 U.S.C. 638). 

12 SEC. 714. (a) None of the funds made available in 

13 this Act may be used to maintain or establish a computer 

14 network unless such network blocks the viewing, 

15 downloading, and exchanging of pornography. 

16 (b) Nothing in subsection (a) shall limit the use of 

17 funds necessary for any Federal, State, tribal, or local law 

18 enforcement agency or any other entity carrying out crimi19 nal investigations, prosecution, or adjudication activities. 

20 SEC. 715. Notwithstanding subsection (b) of section 

21 14222 of Public Law 110–246 (7 U.S.C. 612c–6; in this 

22 section referred to as ‘‘section 14222’’), none of the funds 

23 appropriated or otherwise made available by this or any 

24 other Act shall be used to pay the salaries and expenses 

25 of personnel to carry out a program under section 32 of 


pbinns on DSK79D2C42PROD with BILLS
388 

HR 21 PCS 

1 the Act of August 24, 1935 (7 U.S.C. 612c; in this section 

2 referred to as ‘‘section 32’’) in excess of $1,299,600,000 

3 (exclusive of carryover appropriations from prior fiscal 

4 years), as follows: Child Nutrition Programs Entitlement 

5 Commodities—$485,000,000; State Option Contracts— 

6 $5,000,000; Removal of Defective Commodities— 

7 $2,500,000; Administration of Section 32 Commodity 

8 Purchases—$35,853,000: Provided, That of the total 

9 funds made available in the matter preceding this proviso 

10 that remain unobligated on October 1, 2019, such unobli11 gated balances shall carryover into fiscal year 2020 and 

12 shall remain available until expended for any of the pur13 poses of section 32, except that any such carryover funds 

14 used in accordance with clause (3) of section 32 may not 

15 exceed $350,000,000 and may not be obligated until the 

16 Secretary of Agriculture provides written notification of 

17 the expenditures to the Committees on Appropriations of 

18 both Houses of Congress at least two weeks in advance: 

19 Provided further, That, with the exception of any available 

20 carryover funds authorized in any prior appropriations Act 

21 to be used for the purposes of clause (3) of section 32, 

22 none of the funds appropriated or otherwise made avail23 able by this or any other Act shall be used to pay the 

24 salaries or expenses of any employee of the Department 

25 of Agriculture to carry out clause (3) of section 32. 


pbinns on DSK79D2C42PROD with BILLS
389 

HR 21 PCS 

1 SEC. 716. None of the funds appropriated by this or 

2 any other Act shall be used to pay the salaries and ex3 penses of personnel who prepare or submit appropriations 

4 language as part of the President’s budget submission to 

5 the Congress for programs under the jurisdiction of the 

6 Appropriations Subcommittees on Agriculture, Rural De7 velopment, Food and Drug Administration, and Related 

8 Agencies that assumes revenues or reflects a reduction 

9 from the previous year due to user fees proposals that 

10 have not been enacted into law prior to the submission 

11 of the budget unless such budget submission identifies 

12 which additional spending reductions should occur in the 

13 event the user fees proposals are not enacted prior to the 

14 date of the convening of a committee of conference for 

15 the fiscal year 2020 appropriations Act. 

16 SEC. 717. (a) None of the funds provided by this Act, 

17 or provided by previous appropriations Acts to the agen18 cies funded by this Act that remain available for obligation 

19 or expenditure in the current fiscal year, or provided from 

20 any accounts in the Treasury derived by the collection of 

21 fees available to the agencies funded by this Act, shall be 

22 available for obligation or expenditure through a re23 programming, transfer of funds, or reimbursements as au24 thorized by the Economy Act, or in the case of the Depart25 ment of Agriculture, through use of the authority provided 


pbinns on DSK79D2C42PROD with BILLS
390 

HR 21 PCS 

1 by section 702(b) of the Department of Agriculture Or2 ganic Act of 1944 (7 U.S.C. 2257) or section 8 of Public 

3 Law 89–106 (7 U.S.C. 2263), that— 

4 (1) creates new programs; 

5 (2) eliminates a program, project, or activity; 

6 (3) increases funds or personnel by any means 

7 for any project or activity for which funds have been 

8 denied or restricted; 

9 (4) relocates an office or employees; 

10 (5) reorganizes offices, programs, or activities; 

11 or 

12 (6) contracts out or privatizes any functions or 

13 activities presently performed by Federal employees; 

14 unless the Secretary of Agriculture, or the Secretary of 

15 Health and Human Services (as the case may be) notifies 

16 in writing and receives approval from the Committees on 

17 Appropriations of both Houses of Congress at least 30 

18 days in advance of the reprogramming of such funds or 

19 the use of such authority. 

20 (b) None of the funds provided by this Act, or pro21 vided by previous Appropriations Acts to the agencies 

22 funded by this Act that remain available for obligation or 

23 expenditure in the current fiscal year, or provided from 

24 any accounts in the Treasury derived by the collection of 

25 fees available to the agencies funded by this Act, shall be 


pbinns on DSK79D2C42PROD with BILLS
391 

HR 21 PCS 

1 available for obligation or expenditure for activities, pro2 grams, or projects through a reprogramming or use of the 

3 authorities referred to in subsection (a) involving funds 

4 in excess of $500,000 or 10 percent, whichever is less, 

5 that— 

6 (1) augments existing programs, projects, or ac7 tivities; 

8 (2) reduces by 10 percent funding for any exist9 ing program, project, or activity, or numbers of per10 sonnel by 10 percent as approved by Congress; or 

11 (3) results from any general savings from a re12 duction in personnel which would result in a change 

13 in existing programs, activities, or projects as ap14 proved by Congress; unless the Secretary of Agri15 culture or the Secretary of Health and Human Serv16 ices (as the case may be) notifies in writing and re17 ceives approval from the Committees on Appropria18 tions of both Houses of Congress at least 30 days 

19 in advance of the reprogramming or transfer of such 

20 funds or the use of such authority. 

21 (c) The Secretary of Agriculture or the Secretary of 

22 Health and Human Services shall notify in writing and 

23 receive approval from the Committees on Appropriations 

24 of both Houses of Congress before implementing any pro25 gram or activity not carried out during the previous fiscal 


pbinns on DSK79D2C42PROD with BILLS
392 

HR 21 PCS 

1 year unless the program or activity is funded by this Act 

2 or specifically funded by any other Act. 

3 (d) None of the funds provided by this Act, or pro4 vided by previous Appropriations Acts to the agencies 

5 funded by this Act that remain available for obligation or 

6 expenditure in the current fiscal year, or provided from 

7 any accounts in the Treasury derived by the collection of 

8 fees available to the agencies funded by this Act, shall be 

9 available for— 

10 (1) modifying major capital investments fund11 ing levels, including information technology systems, 

12 that involves increasing or decreasing funds in the 

13 current fiscal year for the individual investment in 

14 excess of $500,000 or 10 percent of the total cost, 

15 whichever is less; 

16 (2) realigning or reorganizing new, current, or 

17 vacant positions or agency activities or functions to 

18 establish a center, office, branch, or similar entity 

19 with five or more personnel; or 

20 (3) carrying out activities or functions that 

21 were not described in the budget request; unless the 

22 agencies funded by this Act notify, in writing, the 

23 Committees on Appropriations of both Houses of 

24 Congress at least 30 days in advance of using the 

25 funds for these purposes. 


pbinns on DSK79D2C42PROD with BILLS
393 

HR 21 PCS 

1 (e) As described in this section, no funds may be used 

2 for any activities unless the Secretary of Agriculture or 

3 the Secretary of Health and Human Services receives from 

4 the Committee on Appropriations of both Houses of Con5 gress written or electronic mail confirmation of receipt of 

6 the notification as required in this section. 

7 SEC. 718. Notwithstanding section 310B(g)(5) of the 

8 Consolidated Farm and Rural Development Act (7 U.S.C. 

9 1932(g)(5)), the Secretary may assess a one-time fee for 

10 any guaranteed business and industry loan in an amount 

11 that does not exceed 3 percent of the guaranteed principal 

12 portion of the loan. 

13 SEC. 719. None of the funds appropriated or other14 wise made available to the Department of Agriculture, the 

15 Food and Drug Administration, or the Farm Credit Ad16 ministration shall be used to transmit or otherwise make 

17 available reports, questions, or responses to questions that 

18 are a result of information requested for the appropria19 tions hearing process to any non-Department of Agri20 culture, non-Department of Health and Human Services, 

21 or non-Farm Credit Administration employee. 

22 SEC. 720. Unless otherwise authorized by existing 

23 law, none of the funds provided in this Act, may be used 

24 by an executive branch agency to produce any pre25 packaged news story intended for broadcast or distribution 


pbinns on DSK79D2C42PROD with BILLS
394 

HR 21 PCS 

1 in the United States unless the story includes a clear noti2 fication within the text or audio of the prepackaged news 

3 story that the prepackaged news story was prepared or 

4 funded by that executive branch agency. 

5 SEC. 721. No employee of the Department of Agri6 culture may be detailed or assigned from an agency or 

7 office funded by this Act or any other Act to any other 

8 agency or office of the Department for more than 60 days 

9 in a fiscal year unless the individual’s employing agency 

10 or office is fully reimbursed by the receiving agency or 

11 office for the salary and expenses of the employee for the 

12 period of assignment. 

13 SEC. 722. There is hereby appropriated $2,000,000 

14 for a pilot program to provide competitive grants to State 

15 departments of agriculture, State cooperative extension 

16 services, and nonprofit organizations to carry out pro17 grams to address farmer stress and suicide. 

18 SEC. 723. Not later than 30 days after the date of 

19 enactment of this Act, the Secretary of Agriculture, the 

20 Commissioner of the Food and Drug Administration, and 

21 the Chairman of the Farm Credit Administration shall 

22 submit to the Committees on Appropriations of both 

23 Houses of Congress a detailed spending plan by program, 

24 project, and activity for all the funds made available under 


pbinns on DSK79D2C42PROD with BILLS
395 

HR 21 PCS 

1 this Act including appropriated user fees, as defined in 

2 Senate Report 115-259. 

3 SEC. 724. Of the unobligated balances from amounts 

4 made available for the supplemental nutrition program as 

5 authorized by section 17 of the Child Nutrition Act of 

6 1966 (42 U.S.C. 1786), $501,000,000 are hereby re7 scinded. 

8 SEC. 725. The Secretary shall continue an inter9 mediary loan packaging program based on the pilot pro10 gram in effect for fiscal year 2013 for packaging and re11 viewing section 502 single family direct loans. The Sec12 retary shall continue agreements with current inter13 mediary organizations and with additional qualified inter14 mediary organizations. The Secretary shall work with 

15 these organizations to increase effectiveness of the section 

16 502 single family direct loan program in rural commu17 nities and shall set aside and make available from the na18 tional reserve section 502 loans an amount necessary to 

19 support the work of such intermediaries and provide a pri20 ority for review of such loans. 

21 SEC. 726. For loans and loan guarantees that do not 

22 require budget authority and the program level has been 

23 established in this Act, the Secretary of Agriculture may 

24 increase the program level for such loans and loan guaran25 tees by not more than 25 percent: Provided, That prior 


pbinns on DSK79D2C42PROD with BILLS
396 

HR 21 PCS 

1 to the Secretary implementing such an increase, the Sec2 retary notifies, in writing, the Committees on Appropria3 tions of both Houses of Congress at least 15 days in ad4 vance. 

5 SEC. 727. None of the credit card refunds or rebates 

6 transferred to the Working Capital Fund pursuant to sec7 tion 729 of the Agriculture, Rural Development, Food and 

8 Drug Administration, and Related Agencies Appropria9 tions Act, 2002 (7 U.S.C. 2235a; Public Law 107–76) 

10 shall be available for obligation without written notifica11 tion to, and the prior approval of, the Committees on Ap12 propriations of both Houses of Congress: Provided, That 

13 the refunds or rebates so transferred shall be available for 

14 obligation only for the acquisition of plant and capital 

15 equipment necessary for the delivery of financial, adminis16 trative, and information technology services of primary 

17 benefit to the agencies of the Department of Agriculture. 

18 SEC. 728. None of the funds made available by this 

19 Act may be used to implement, administer, or enforce the 

20 ‘‘variety’’ requirements of the final rule entitled ‘‘Enhanc21 ing Retailer Standards in the Supplemental Nutrition As22 sistance Program (SNAP)’’ published by the Department 

23 of Agriculture in the Federal Register on December 15, 

24 2016 (81 Fed. Reg. 90675) until the Secretary of Agri25 culture amends the definition of the term ‘‘variety’’ as de 


pbinns on DSK79D2C42PROD with BILLS
397 

HR 21 PCS 

1 fined in section 278.1(b)(1)(ii)(C) of title 7, Code of Fed2 eral Regulations, and ‘‘variety’’ as applied in the definition 

3 of the term ‘‘staple food’’ as defined in section 271.2 of 

4 title 7, Code of Federal Regulations, to increase the num5 ber of items that qualify as acceptable varieties in each 

6 staple food category so that the total number of such items 

7 in each staple food category exceeds the number of such 

8 items in each staple food category included in the final 

9 rule as published on December 15, 2016: Provided, That 

10 until the Secretary promulgates such regulatory amend11 ments, the Secretary shall apply the requirements regard12 ing acceptable varieties and breadth of stock to Supple13 mental Nutrition Assistance Program retailers that were 

14 in effect on the day before the date of the enactment of 

15 the Agricultural Act of 2014 (Public Law 113–79). 

16 SEC. 729. None of the funds made available by this 

17 Act or any other Act may be used— 

18 (1) in contravention of section 7606 of the Ag19 ricultural Act of 2014 (7 U.S.C. 5940); or 

20 (2) to prohibit the transportation, processing, 

21 sale, or use of industrial hemp, or seeds of such 

22 plant, that is grown or cultivated in accordance with 

23 subsection section 7606 of the Agricultural Act of 

24 2014, within or outside the State in which the indus25 trial hemp is grown or cultivated. 


pbinns on DSK79D2C42PROD with BILLS
398 

HR 21 PCS 

1 SEC. 730. Funds provided by this or any prior Appro2 priations Act for the Agriculture and Food Research Ini3 tiative under 7 U.S.C. 450i(b) shall be made available 

4 without regard to section 7128 of the Agricultural Act of 

5 2014 (7 U.S.C. 3371 note), under the matching require6 ments in laws in effect on the date before the date of en7 actment of such section: Provided, That the requirements 

8 of 7 U.S.C. 450i(b)(9) shall continue to apply. 

9 SEC. 731. In carrying out subsection (h) of section 

10 502 of the Housing Act of 1949 (42 U.S.C. 1472), the 

11 Secretary of Agriculture shall have the same authority 

12 with respect to loans guaranteed under such section and 

13 eligible lenders for such loans as the Secretary has under 

14 subsections (h) and (j) of section 538 of such Act (42 

15 U.S.C. 1490p–2) with respect to loans guaranteed under 

16 such section 538 and eligible lenders for such loans. 

17 SEC. 732. None of the funds made available by this 

18 Act may be used to propose, promulgate, or implement 

19 any rule, or take any other action with respect to, allowing 

20 or requiring information intended for a prescribing health 

21 care professional, in the case of a drug or biological prod22 uct subject to section 503(b)(1) of the Federal Food, 

23 Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be dis24 tributed to such professional electronically (in lieu of in 


pbinns on DSK79D2C42PROD with BILLS
399 

HR 21 PCS 

1 paper form) unless and until a Federal law is enacted to 

2 allow or require such distribution. 

3 SEC. 733. None of the funds made available by this 

4 Act may be used to notify a sponsor or otherwise acknowl5 edge receipt of a submission for an exemption for inves6 tigational use of a drug or biological product under section 

7 505(i) of the Federal Food, Drug, and Cosmetic Act (21 

8 U.S.C. 355(i)) or section 351(a)(3) of the Public Health 

9 Service Act (42 U.S.C. 262(a)(3)) in research in which 

10 a human embryo is intentionally created or modified to 

11 include a heritable genetic modification. Any such submis12 sion shall be deemed to have not been received by the Sec13 retary, and the exemption may not go into effect. 

14 SEC. 734. None of the funds made available by this 

15 or any other Act may be used to carry out the final rule 

16 promulgated by the Food and Drug Administration and 

17 put into effect November 16, 2015, in regards to the haz18 ard analysis and risk-based preventive control require19 ments of the current good manufacturing practice, hazard 

20 analysis, and risk-based preventive controls for food for 

21 animals rule with respect to the regulation of the produc22 tion, distribution, sale, or receipt of dried spent grain by23 products of the alcoholic beverage production process. 

24 SEC. 735. There is hereby appropriated $1,996,000 

25 to carry out section 1621 of Public Law 110–246. 


pbinns on DSK79D2C42PROD with BILLS
400 

HR 21 PCS 

1 SEC. 736. No partially hydrogenated oils as defined 

2 in the order published by the Food and Drug Administra3 tion in the Federal Register on June 17, 2015 (80 Fed. 

4 Reg. 34650 et seq.) shall be deemed unsafe within the 

5 meaning of section 409(a) of the Federal Food, Drug, and 

6 Cosmetic Act (21 U.S.C. 348(a)) and no food that is intro7 duced or delivered for introduction into interstate com8 merce that bears or contains a partially hydrogenated oil 

9 shall be deemed adulterated under sections 402(a)(1) or 

10 402(a)(2)(C)(i) of this Act by virtue of bearing or con11 taining a partially hydrogenated oil until the compliance 

12 date as specified in such order (June 18, 2018). 

13 SEC. 737. There is hereby appropriated $10,000,000, 

14 to remain available until expended, to carry out section 

15 6407 of the Farm Security and Rural Investment Act of 

16 2002 (7 U.S.C. 8107a): Provided, That the Secretary may 

17 allow eligible entities to offer loans to customers in any 

18 part of their service territory and to offer loans to replace 

19 a manufactured housing unit with another manufactured 

20 housing unit, if replacement would be more cost effective 

21 in saving energy. 

22 SEC. 738. For fiscal years 2019 through 2025, the 

23 Administrators of the Agricultural Research Service and 

24 the Animal and Plant Health Inspection Service may 

25 make not to exceed 50 appointments in any fiscal year 


pbinns on DSK79D2C42PROD with BILLS
401 

HR 21 PCS 

1 for employees of such agencies at the National Bio- and 

2 Agro-defense Facility (NBAF) in Manhattan, Kansas: 

3 Provided, That such appointments may be made in the 

4 manner provided by 7 U.S.C. 7657(b)(4)(A)(i–v): Pro5 vided further, That such appointments may be made at 

6 a rate of basic pay that exceeds the rate payable for such 

7 positions under the General Schedule or the Executive 

8 Schedule, or other applicable schedule, as appropriate. 

9 SEC. 739. There is hereby appropriated $1,000,000 

10 for the Secretary to carry out a pilot program that pro11 vides forestry inventory analysis, forest management and 

12 economic outcomes modelling for certain currently en13 rolled Conservation Reserve Program participants. The 

14 Secretary shall allow the Commodity Credit Corporation 

15 to enter into agreements with and provide grants to quali16 fied non-profit organizations dedicated to conservation, 

17 forestry and wildlife habitats, that also have experience in 

18 conducting accurate forest inventory analysis through the 

19 use of advanced, cost-effective technology. The Secretary 

20 shall focus the analysis on lands enrolled for at least eight 

21 years and located in areas with a substantial concentration 

22 of acres enrolled under conservation practices devoted to 

23 multiple bottomland hardwood tree species including 

24 CP03, CP03A, CP11, CP22, CP31 and CP40. 


pbinns on DSK79D2C42PROD with BILLS
402 

HR 21 PCS 

1 SEC. 740. During fiscal year 2019, the Food and 

2 Drug Administration shall not allow the introduction or 

3 delivery for introduction into interstate commerce of any 

4 food that contains genetically engineered salmon until the 

5 FDA publishes final labeling guidelines for informing con6 sumers of such content. 

7 SEC. 741. In addition to amounts otherwise made 

8 available by this Act and notwithstanding the last sentence 

9 of 16 U.S.C. 1310, there is appropriated $4,000,000, to 

10 remain available until expended, to implement non-renew11 able agreements on eligible lands, including flooded agri12 cultural lands, as determined by the Secretary, under the 

13 Water Bank Act (16 U.S.C. 1301–1311). 

14 SEC. 742. (a)(1) No Federal funds made available for 

15 this fiscal year for the rural water, waste water, waste dis16 posal, and solid waste management programs authorized 

17 by sections 306, 306A, 306C, 306D, 306E, and 310B of 

18 the Consolidated Farm and Rural Development Act (7 

19 U.S.C. 1926 et seq.) shall be used for a project for the 

20 construction, alteration, maintenance, or repair of a public 

21 water or wastewater system unless all of the iron and steel 

22 products used in the project are produced in the United 

23 States. 

24 (2) In this section, the term ‘‘iron and steel products’’ 

25 means the following products made primarily of iron or 


pbinns on DSK79D2C42PROD with BILLS
403 

HR 21 PCS 

1 steel: lined or unlined pipes and fittings, manhole covers 

2 and other municipal castings, hydrants, tanks, flanges, 

3 pipe clamps and restraints, valves, structural steel, rein4 forced precast concrete, and construction materials. 

5 (b) Subsection (a) shall not apply in any case or cat6 egory of cases in which the Secretary of Agriculture (in 

7 this section referred to as the ‘‘Secretary’’) or the designee 

8 of the Secretary finds that— 

9 (1) applying subsection (a) would be incon10 sistent with the public interest; 

11 (2) iron and steel products are not produced in 

12 the United States in sufficient and reasonably avail13 able quantities or of a satisfactory quality; or 

14 (3) inclusion of iron and steel products pro15 duced in the United States will increase the cost of 

16 the overall project by more than 25 percent. 

17 (c) If the Secretary or the designee receives a request 

18 for a waiver under this section, the Secretary or the des19 ignee shall make available to the public on an informal 

20 basis a copy of the request and information available to 

21 the Secretary or the designee concerning the request, and 

22 shall allow for informal public input on the request for 

23 at least 15 days prior to making a finding based on the 

24 request. The Secretary or the designee shall make the re25 quest and accompanying information available by elecVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00403 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
404 

HR 21 PCS 

1 tronic means, including on the official public Internet Web 

2 site of the Department. 

3 (d) This section shall be applied in a manner con4 sistent with United States obligations under international 

5 agreements. 

6 (e) The Secretary may retain up to 0.25 percent of 

7 the funds appropriated in this Act for ‘‘Rural Utilities 

8 Service—Rural Water and Waste Disposal Program Ac9 count’’ for carrying out the provisions described in sub10 section (a)(1) for management and oversight of the re11 quirements of this section. 

12 (f) Subsection (a) shall not apply with respect to a 

13 project for which the engineering plans and specifications 

14 include use of iron and steel products otherwise prohibited 

15 by such subsection if the plans and specifications have re16 ceived required approvals from State agencies prior to the 

17 date of enactment of this Act. 

18 (g) For purposes of this section, the terms ‘‘United 

19 States’’ and ‘‘State’’ shall include each of the several 

20 States, the District of Columbia, and each federally recog21 nized Indian tribe. 

22 SEC. 743. The Secretary shall set aside for Rural 

23 Economic Area Partnership (REAP) Zones, until August 

24 15, 2019, an amount of funds made available in title III 

25 under the headings of Rural Housing Insurance Fund 


pbinns on DSK79D2C42PROD with BILLS
405 

HR 21 PCS 

1 Program Account, Mutual and Self-Help Housing Grants, 

2 Rural Housing Assistance Grants, Rural Community Fa3 cilities Program Account, Rural Business Program Ac4 count, Rural Development Loan Fund Program Account, 

5 and Rural Water and Waste Disposal Program Account, 

6 equal to the amount obligated in REAP Zones with re7 spect to funds provided under such headings in the most 

8 recent fiscal year any such funds were obligated under 

9 such headings for REAP Zones. 

10 SEC. 744. For the purposes of determining eligibility 

11 or level of program assistance for Rural Development pro12 grams the Secretary shall not include incarcerated prison 

13 populations. 

14 SEC. 745. There is hereby appropriated $1,000,000, 

15 to remain available until expended, for a pilot program 

16 for the Secretary to provide grants to qualified non-profit 

17 organizations and public housing authorities to provide 

18 technical assistance, including financial and legal services, 

19 to RHS multi-family housing borrowers to facilitate the 

20 acquisition of RHS multi-family housing properties in 

21 areas where the Secretary determines a risk of loss of af22 fordable housing, by non-profit housing organizations and 

23 public housing authorities as authorized by law that com24 mit to keep such properties in the RHS multi-family housVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
406 

HR 21 PCS 

1 ing program for a period of time as determined by the 

2 Secretary. 

3 SEC. 746. None of the funds appropriated by this Act 

4 may be used in any way, directly or indirectly, to influence 

5 congressional action on any legislation or appropriation 

6 matters pending before Congress, other than to commu7 nicate to Members of Congress as described in 18 U.S.C. 

8 1913. 

9 SEC. 747. (a) The Secretary of Agriculture (referred 

10 to in this section as the ‘‘Secretary’’) shall carry out a 

11 pilot program during fiscal year 2019 with respect to the 

12 2018 crop year for county-level agriculture risk coverage 

13 payments under section 1117(b)(1) of the Agricultural Act 

14 of 2014 (7 U.S.C. 9017(b)(1)), that provides all or some 

15 of the State Farm Service Agency offices in each State 

16 the opportunity to provide agricultural producers in the 

17 State a supplemental payment described in subsection (c) 

18 based on the alternate calculation method described in 

19 subsection (b) for 1 or more counties in a State if the 

20 office for that State determines that the alternate calcula21 tion method is necessary to ensure that, to the maximum 

22 extent practicable, there are not significant yield calcula23 tion disparities between comparable counties in the State. 

24 (b) The alternate calculation method referred to in 

25 subsection (a) is a method of calculating the actual yield 


pbinns on DSK79D2C42PROD with BILLS
407 

HR 21 PCS 

1 for the 2018 crop year for county-level agriculture risk 

2 coverage payments under section 1117(b)(1) of the Agri3 cultural Act of 2014 (7 U.S.C. 9017(b)(1)), under 

4 which— 

5 (1) county data of the National Agricultural 

6 Statistics Service (referred to in this section as 

7 ‘‘NASS data’’) is used for the calculations; 

8 (2) if there is insufficient NASS data for a 

9 county (as determined under standards of the Sec10 retary in effect as of the date of enactment of this 

11 Act) or the available NASS data produces a sub12 stantially disparate result, the calculation of the 

13 county yield is determined using comparable contig14 uous county NASS data as determined by the Farm 

15 Service Agency office in the applicable State; and 

16 (3) if there is insufficient NASS data for a 

17 comparable contiguous county (as determined under 

18 standards of the Secretary in effect as of the date 

19 of enactment of this Act), the calculation of the 

20 county yield is determined using reliable yield data 

21 from other sources, such as Risk Management Agen22 cy data, National Agricultural Statistics Service dis23 trict data, National Agricultural Statistics Service 

24 State yield data, or other data as determined by the 

25 Farm Service Agency office in the applicable State. 


pbinns on DSK79D2C42PROD with BILLS
408 

HR 21 PCS 

1 (c)(1) A supplemental payment made under the pilot 

2 program established under this section may be made to 

3 an agricultural producer who is subject to the alternate 

4 calculation method described in subsection (b) if that agri5 cultural producer would otherwise receive a county-level 

6 agriculture risk coverage payment for the 2018 crop year 

7 in an amount that is less than the payment that the agri8 cultural producer would receive under the alternate cal9 culation method. 

10 (2) The amount of a supplemental payment to an ag11 ricultural producer under this section may not exceed the 

12 difference between— 

13 (A) the payment that the agricultural producer 

14 would have received without the alternate calculation 

15 method described in subsection (b); and 

16 (B) the payment that the agricultural producer 

17 would receive using the alternate calculation method. 

18 (d)(1) There is appropriated to the Secretary, out of 

19 funds of the Treasury not otherwise appropriated, 

20 $5,000,000, to remain available until September 30, 2020, 

21 to carry out the pilot program described in this section. 

22 (2) Of the funds appropriated, the Secretary shall use 

23 not more than $5,000,000 to carry out the pilot program 

24 described in this section. 


pbinns on DSK79D2C42PROD with BILLS
409 

HR 21 PCS 

1 (e)(1) To the maximum extent practicable, the Sec2 retary shall select States to participate in the pilot pro3 gram under this section so the cost of the pilot program 

4 equals the amount provided under subsection (d). 

5 (2) To the extent that the cost of the pilot program 

6 exceeds the amount made available, the Secretary shall re7 duce all payments under the pilot program on a pro rata 

8 basis. 

9 (f) Nothing in this section affects the calculation of 

10 actual yield for purposes of county-level agriculture risk 

11 coverage payments under section 1117(b)(1) of the Agri12 cultural Act of 2014 (7 U.S.C. 9017(b)(1)) other than 

13 payments made in accordance with the pilot program 

14 under this section. 

15 (g) A calculation of actual yield made using the alter16 nate calculation method described in subsection (b) shall 

17 not be used as a basis for any agriculture risk coverage 

18 payment determinations under section 1117 of the Agri19 cultural Act of 2014 (7 U.S.C. 9017) other than for pur20 poses of the pilot program under this section. 

21 SEC. 748. The Secretary of Agriculture and the Sec22 retary’s designees are hereby granted the same access to 

23 information and subject to the same requirements applica24 ble to the Secretary of Housing and Urban Development 

25 as provided in section 453 of the Social Security Act (42 


pbinns on DSK79D2C42PROD with BILLS
410 

HR 21 PCS 

1 U.S.C. 653) and section 6103(1)(7)(D)(ix) of the Internal 

2 Revenue Code of 1986 (26 U.S.C. 1603(1)(7)(D)(ix)) to 

3 verify the income for individuals participating in sections 

4 502, 504, 521, and 542 of the Housing Act of 1949 (42 

5 U.S.C. 1472, 1474, 1490a, and 1490r), notwithstanding 

6 section 453(l)(1) of the Social Security Act. 

7 SEC. 749. In addition to any other funds made avail8 able in this Act or any other Act, there is appropriated 

9 $5,000,000 to carry out section 18(g)(8) of the Richard 

10 B. Russell National School Lunch Act (42 U.S.C. 

11 1769(g)), to remain available until expended. 

12 SEC. 750. None of the funds made available by this 

13 Act may be used by the Food and Drug Administration 

14 to develop, issue, promote, or advance any regulations ap15 plicable to food manufacturers for population-wide sodium 

16 reduction actions or to develop, issue, promote or advance 

17 final guidance applicable to food manufacturers for long 

18 term population-wide sodium reduction actions until the 

19 date on which a dietary reference intake report with re20 spect to sodium is completed. 

21 SEC. 751. There is hereby appropriated $1,000,000, 

22 to remain available until September 30, 2020, for the cost 

23 of loans and grants that is consistent with section 4206 

24 of the Agricultural Act of 2014, for necessary expenses 

25 of the Secretary to support projects that provide access 


pbinns on DSK79D2C42PROD with BILLS
411 

HR 21 PCS 

1 to healthy food in underserved areas, to create and pre2 serve quality jobs, and to revitalize low-income commu3 nities. 

4 SEC. 752. For an additional amount for ‘‘Animal and 

5 Plant Health Inspection Service—Salaries and Expenses’’, 

6 $7,500,000, to remain available until September 30, 2020, 

7 for one-time control and management and associated ac8 tivities directly related to the multiple-agency response to 

9 citrus greening. 

10 SEC. 753. None of the funds made available by this 

11 or any other Act may be used to enforce the final rule 

12 promulgated by the Food and Drug Administration enti13 tled ‘‘Standards for the Growing, Harvesting, Packing, 

14 and Holding of Produce for Human Consumption,’’ and 

15 published on November 27, 2015, with respect to the regu16 lation of the production, distribution, sale, or receipt of 

17 grape varietals that are grown, harvested and used solely 

18 for wine and receive commercial processing that ade19 quately reduces the presence of microorganisms of public 

20 health significance. 

21 SEC. 754. There is hereby appropriated $20,000,000, 

22 to remain available until expended, for an additional 

23 amount for telemedicine and distance learning services in 

24 rural areas, as authorized by 7 U.S.C. 950aaa et seq., to 

25 help address the opioid epidemic in rural America. 


pbinns on DSK79D2C42PROD with BILLS
412 

HR 21 PCS 

1 SEC. 755. There is hereby appropriated $5,000,000, 

2 to remain available until September 30, 2020, for a pilot 

3 program for the National Institute of Food and Agri4 culture to provide grants to nonprofit organizations for 

5 programs and services to establish and enhance farming 

6 and ranching opportunities for military veterans. 

7 SEC. 756. There is hereby appropriated 

8 $425,000,000, to remain available until expended, for an 

9 additional amount for Sec. 779 of Public Law 115–141. 

10 SEC. 757. For an additional amount for the cost of 

11 direct loans and grants made under the ‘‘Rural Water and 

12 Waste Disposal Program Account’’, $400,000,000, to re13 main available until expended. 

14 SEC. 758. None of the funds made available by this 

15 Act may be used to pay the salaries or expenses of per16 sonnel— 

17 (1) to inspect horses under section 3 of the 

18 Federal Meat Inspection Act (21 U.S.C. 603); 

19 (2) to inspect horses under section 903 of the 

20 Federal Agriculture Improvement and Reform Act of 

21 1996 (7 U.S.C. 1901 note; Public Law 104–127); or 

22 (3) to implement or enforce section 352.19 of 

23 title 9, Code of Federal Regulations (or a successor 

24 regulation). 


pbinns on DSK79D2C42PROD with BILLS
413 

HR 21 PCS 

1 SEC. 759. None of the funds made available by this 

2 Act may be used to revoke an exception made— 

3 (1) pursuant to the final rule of the Depart4 ment of Agriculture entitled ‘‘Exceptions to Geo5 graphic Areas for Official Agencies Under the 

6 USGSA’’ (68 Fed. Reg. 19137 (April 18, 2003)); 

7 and 

8 (2) on a date before April 14, 2017. 

9 SEC. 760. The Secretary of Agriculture shall provide 

10 to any State or county impacted by a volcanic eruption 

11 covered by a major disaster declared by the President in 

12 calendar year 2018 in accordance with section 401 of the 

13 Robert T. Stafford Disaster Relief and Emergency Assist14 ance Act (42 U.S.C. 5170) technical assistance— 

15 (1) to assess damage to agricultural production 

16 and rural infrastructure; and 

17 (2) to develop recovery plans for impacted 

18 farmers, ranchers, and rural communities. 

19 RESEARCH ON OCEAN AGRICULTURE

20 SEC. 761. (a) The Secretary of Agriculture, in coordi21 nation with the Administrator of the National Oceanic and 

22 Atmospheric Administration, shall establish a working 

23 group (referred to in this section as the ‘‘working 

24 group’’)— 


pbinns on DSK79D2C42PROD with BILLS
414 

HR 21 PCS 

1 (1) to study how mangroves, kelp forests, tidal 

2 marshes, and seagrass meadows could help deacidify 

3 the oceans; 

4 (2) to study emerging ocean farming practices 

5 that use kelp and seagrass to deacidify the oceans 

6 while providing feedstock for agriculture and other 

7 commercial and industrial inputs; and 

8 (3) to coordinate and conduct research to de9 velop and enhance pilot-scale research for farming of 

10 kelp and seagrass in order— 

11 (A) to deacidify ocean environments; 

12 (B) to produce a feedstock for agriculture; 

13 and 

14 (C) to develop other scalable commercial 

15 applications for kelp, seagrass, or products de16 rived from kelp or seagrass. 

17 (b) The working group shall include— 

18 (1) the Secretary of Agriculture; 

19 (2) the Administrator of the National Oceanic 

20 and Atmospheric Administration; 

21 (3) representatives of any relevant offices with22 in the National Oceanic and Atmospheric Adminis23 tration; and 

24 (4) the Assistant Secretary of Energy for En25 ergy Efficiency and Renewable Energy. 


pbinns on DSK79D2C42PROD with BILLS
415 

HR 21 PCS 

1 (c) Not later than 2 years after the date of enactment 

2 of this Act, the working group shall submit to Congress 

3 a report that includes— 

4 (1) the findings of the research described in 

5 subsection (a); 

6 (2) the results of the pilot-scale research de7 scribed in subsection (a)(3); and 

8 (3) any policy recommendations based on those 

9 findings and results. 

10 SEC. 762. Not later than 180 days after the date of 

11 enactment of this Act, the Secretary of Agriculture shall 

12 submit to Congress a report describing the ways in which 

13 conservation programs administered by the Natural Re14 sources Conservation Service may be better used for the 

15 conservation of ocelots (Leopardus pardalis) and any ac16 tion taken by the Chief of the Natural Resources Con17 servation Service relating to the conservation of ocelots. 

18 SEC. 763. Not later than 1 year after the date of 

19 enactment of this Act, the Rural Housing Service of the 

20 Department of Agriculture shall submit to Congress a re21 port including— 

22 (1) a description of— 

23 (A) the number of properties assisted 

24 under title V of the Housing Act of 1949 (42 


pbinns on DSK79D2C42PROD with BILLS
416 

HR 21 PCS 

1 U.S.C. 1471 et seq.) that are reaching the end 

2 of their loan term; 

3 (B) the location of each property described 

4 in subparagraph (A); 

5 (C) the number of units in each property 

6 described in subparagraph (A); and 

7 (D) the date on which each the loan for 

8 each property described in subparagraph (A) is 

9 expected to reach maturity; 

10 (2) the strategy of the Rural Housing Service 

11 to preserve the long-term affordability of the prop12 erties described in paragraph (1)(A) when the loan 

13 matures; and 

14 (3) a description of the resources and tools that 

15 the Rural Housing Service needs from Congress in 

16 order to preserve the long-term affordability of the 

17 properties described in paragraph (1) (A). 

18 SEC. 764. Out of amounts appropriated to the Food 

19 and Drug Administration under title VI, the Secretary of 

20 Health and Human Services, acting through the Commis21 sioner of Food and Drugs, shall, not later than July 1, 

22 2019, and following the review required under Executive 

23 Order 12866 (5 U.S.C. 601 note; relating to regulatory 

24 planning and review), issue advice revising the advice pro25 vided in the notice of availability entitled ‘‘Advice About 


pbinns on DSK79D2C42PROD with BILLS
417 

HR 21 PCS 

1 Eating Fish, From the Environmental Protection Agency 

2 and Food and Drug Administration; Revised Fish Advice; 

3 Availability’’ (82 Fed. Reg. 6571 (January 19, 2017)), in 

4 a manner that is consistent with nutrition science recog5 nized by the Food and Drug Administration on the net 

6 effects of seafood consumption. 

7 SEC. 765. In administering the pilot program estab8 lished by section 779 of division A of the Consolidated Ap9 propriations Act, 2018 (Public Law 115–141), the Sec10 retary of Agriculture shall— 

11 (1) ensure that applicants that are determined 

12 to be ineligible for the pilot program have a means 

13 of appealing or otherwise challenging that deter14 mination in a timely fashion; and 

15 (2) in determining whether an entity may over16 build or duplicate broadband expansion efforts made 

17 by any entity that has received a broadband loan 

18 from the Rural Utilities Service, not consider loans 

19 that were rescinded or defaulted on, or loans the 

20 terms and conditions of which were not met, if the 

21 entity under consideration has not previously de22 faulted on, or failed to meet the terms and condi23 tions of, a Rural Utilities Service loan or had a 

24 Rural Utilities Service loan rescinded. 


pbinns on DSK79D2C42PROD with BILLS
418 

HR 21 PCS 

1 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE

2 UNIVERSITY

3 SEC. 767. (a) Notwithstanding any other provision 

4 of this Act, the amounts made available by this Act to 

5 carry out sections 1444 and 1445, respectively, of the Na6 tional Agricultural Research, Extension, and Teaching 

7 Policy Act of 1977 (7 U.S.C. 3221, 3222) shall each be 

8 increased by $3,000,000. 

9 (b) Notwithstanding any other provision of this Act, 

10 the amount made available under the heading ‘‘(INCLUD11 ING TRANSFERS OF FUNDS)’’ under the heading ‘‘AGRI12 CULTURE BUILDINGS AND FACILITIES’’ under the heading 

13 ‘‘AGRICULTURAL PROGRAMS’’ in title I shall be de14 creased by $6,000,000. 

15 SEC. 768. None of the funds made available by this 

16 Act shall be used to enforce the requirement in the final 

17 rule entitled ‘‘Food Labeling: Revision of the Nutrition 

18 and Supplement Facts Labels’’, published in the Federal 

19 Register on May 27, 2016 (81 Fed. Reg. 33742), that any 

20 single ingredient sugar, honey, agave, or syrup (including 

21 maple syrup) that is packaged and offered for sale as a 

22 single ingredient food bear the declaration ‘‘Includes ‘X’g 

23 Added Sugars’’. 


pbinns on DSK79D2C42PROD with BILLS
419 

HR 21 PCS 

1 This division may be cited as the ‘‘Agriculture, Rural 

2 Development, Food and Drug Administration, and Re3 lated Agencies Appropriations Act, 2019’’. 

4 DIVISION D—TRANSPORTATION, 

5 HOUSING AND URBAN DEVEL6 OPMENT, AND RELATED 

7 AGENCIES APPROPRIATIONS 

8 ACT, 2019 

9 That the following sums are appropriated, out of any 

10 money in the Treasury not otherwise appropriated, for the 

11 Departments of Transportation, and Housing and Urban 

12 Development, and related agencies for the fiscal year end13 ing September 30, 2019, and for other purposes, namely: 

14 TITLE I—DEPARTMENT OF TRANSPORTATION 

15 OFFICE OF THE SECRETARY

16 SALARIES AND EXPENSES

17 For necessary expenses of the Office of the Secretary, 

18 $113,535,000, of which not to exceed $3,001,000 shall be 

19 available for the immediate Office of the Secretary; not 

20 to exceed $1,040,000 shall be available for the immediate 

21 Office of the Deputy Secretary; not to exceed $20,428,000 

22 shall be available for the Office of the General Counsel; 

23 not to exceed $10,265,000 shall be available for the Office 

24 of the Under Secretary of Transportation for Policy; not 

25 to exceed $14,019,000 shall be available for the Office of 


pbinns on DSK79D2C42PROD with BILLS
420 

HR 21 PCS 

1 the Assistant Secretary for Budget and Programs; not to 

2 exceed $2,550,000 shall be available for the Office of the 

3 Assistant Secretary for Governmental Affairs; not to ex4 ceed $29,244,000 shall be available for the Office of the 

5 Assistant Secretary for Administration; not to exceed 

6 $2,142,000 shall be available for the Office of Public Af7 fairs; not to exceed $1,835,000 shall be available for the 

8 Office of the Executive Secretariat; not to exceed 

9 $12,325,000 shall be available for the Office of Intel10 ligence, Security, and Emergency Response; and not to ex11 ceed $16,686,000 shall be available for the Office of the 

12 Chief Information Officer: Provided, That the Secretary 

13 of Transportation is authorized to transfer funds appro14 priated for any office of the Office of the Secretary to any 

15 other office of the Office of the Secretary: Provided fur16 ther, That no appropriation for any office shall be in17 creased or decreased by more than 5 percent by all such 

18 transfers: Provided further, That notice of any change in 

19 funding greater than 5 percent shall be submitted for ap20 proval to the House and Senate Committees on Appropria21 tions: Provided further, That not to exceed $60,000 shall 

22 be for allocation within the Department for official recep23 tion and representation expenses as the Secretary may de24 termine: Provided further, That notwithstanding any other 

25 provision of law, excluding fees authorized in Public Law 


pbinns on DSK79D2C42PROD with BILLS
421 

HR 21 PCS 

1 107–71, there may be credited to this appropriation up 

2 to $2,500,000 in funds received in user fees: Provided fur3 ther, That none of the funds provided in this Act shall 

4 be available for the position of Assistant Secretary for 

5 Public Affairs. 

6 RESEARCH AND TECHNOLOGY

7 For necessary expenses related to the Office of the 

8 Assistant Secretary for Research and Technology, 

9 $8,471,000, of which $2,218,000 shall remain available 

10 until September 30, 2021: Provided, That there may be 

11 credited to this appropriation, to be available until ex12 pended, funds received from States, counties, municipali13 ties, other public authorities, and private sources for ex14 penses incurred for training: Provided further, That any 

15 reference in law, regulation, judicial proceedings, or else16 where to the Research and Innovative Technology Admin17 istration shall continue to be deemed to be a reference to 

18 the Office of the Assistant Secretary for Research and 

19 Technology of the Department of Transportation. 

20 NATIONAL INFRASTRUCTURE INVESTMENTS

21 For capital investments in surface transportation in22 frastructure, $1,000,000,000, to remain available through 

23 September 30, 2021: Provided, That the Secretary of 

24 Transportation shall distribute funds provided under this 

25 heading as discretionary grants to be awarded to a State, 


pbinns on DSK79D2C42PROD with BILLS
422 

HR 21 PCS 

1 local government, transit agency, port authority, or a col2 laboration among such entities on a competitive basis for 

3 projects that will have a significant local or regional im4 pact: Provided further, That projects eligible for funding 

5 provided under this heading shall include, but not be lim6 ited to, highway or bridge projects eligible under title 23, 

7 United States Code; public transportation projects eligible 

8 under chapter 53 of title 49, United States Code; pas9 senger and freight rail transportation projects; and port 

10 infrastructure investments (including inland port infra11 structure and land ports of entry): Provided further, That 

12 of the amount made available under this heading, the Sec13 retary may use an amount not to exceed $15,000,000 for 

14 the planning, preparation or design of projects eligible for 

15 funding under this heading: Provided further, That grants 

16 awarded under the previous proviso shall not be subject 

17 to a minimum grant size: Provided further, That the Sec18 retary may use up to 20 percent of the funds made avail19 able under this heading for the purpose of paying the sub20 sidy and administrative costs of projects eligible for Fed21 eral credit assistance under chapter 6 of title 23, United 

22 States Code, or sections 501 through 504 of the Railroad 

23 Revitalization and Regulatory Reform Act of 1976 (Public 

24 Law 94–210), as amended, if the Secretary finds that 

25 such use of the funds would advance the purposes of this 


pbinns on DSK79D2C42PROD with BILLS
423 

HR 21 PCS 

1 paragraph: Provided further, That in distributing funds 

2 provided under this heading, the Secretary shall take such 

3 measures so as to ensure an equitable geographic distribu4 tion of funds, an appropriate balance in addressing the 

5 needs of urban and rural areas, and the investment in a 

6 variety of transportation modes: Provided further, That a 

7 grant funded under this heading shall be not less than 

8 $5,000,000 and not greater than $25,000,000: Provided 

9 further, That not more than 10 percent of the funds made 

10 available under this heading may be awarded to projects 

11 in a single State: Provided further, That the Federal share 

12 of the costs for which an expenditure is made under this 

13 heading shall be, at the option of the recipient, up to 80 

14 percent: Provided further, That the Secretary shall give 

15 priority to projects that require a contribution of Federal 

16 funds in order to complete an overall financing package: 

17 Provided further, That not less than 30 percent of the 

18 funds provided under this heading shall be for projects lo19 cated in rural areas: Provided further, That for projects 

20 located in rural areas, the minimum grant size shall be 

21 $1,000,000 and the Secretary may increase the Federal 

22 share of costs above 80 percent: Provided further, That 

23 projects conducted using funds provided under this head24 ing must comply with the requirements of subchapter IV 

25 of chapter 31 of title 40, United States Code: Provided 


pbinns on DSK79D2C42PROD with BILLS
424 

HR 21 PCS 

1 further, That the Secretary shall conduct a new competi2 tion to select the grants and credit assistance awarded 

3 under this heading: Provided further, That the Secretary 

4 may retain up to $25,000,000 of the funds provided under 

5 this heading, and may transfer portions of those funds to 

6 the Administrators of the Federal Highway Administra7 tion, the Federal Transit Administration, the Federal 

8 Railroad Administration, and the Maritime Administra9 tion to fund the award and oversight of grants and credit 

10 assistance made under the National Infrastructure Invest11 ments program: Provided further, That none of the funds 

12 provided in the previous proviso may be used to hire addi13 tional personnel: Provided further, That the Secretary 

14 shall consider and award projects based solely on the selec15 tion criteria from the fiscal year 2016 Notice of Funding 

16 Opportunity: Provided further, That the Secretary shall 

17 not use the Federal share or an applicant’s ability to gen18 erate non-Federal revenue as a selection criteria in award19 ing projects: Provided further, That the Secretary shall 

20 issue the Notice of Funding Opportunity no later than 60 

21 days after enactment of this Act: Provided further, That 

22 the Notice of Funding Opportunity shall require applica23 tion submissions 90 days after the publishing of such No24 tice: Provided further, That of the applications submitted 

25 under the previous two provisos, the Secretary shall make 


pbinns on DSK79D2C42PROD with BILLS
425 

HR 21 PCS 

1 grants no later than 270 days after enactment of this Act 

2 in such amounts that the Secretary determines: Provided 

3 further, That such sums provided for national infrastruc4 ture investments for passenger rail transportation projects 

5 under title I of division C of the Consolidated and Further 

6 Continuing Appropriations Act, 2012 (Public Law 112– 

7 55; 125 Stat. 641), shall remain available for expenditure 

8 through fiscal year 2019 for the liquidation of valid obliga9 tions of active grants incurred in fiscal year 2012: Pro10 vided further, That such sums provided for national infra11 structure investments for port infrastructure projects 

12 under title VIII of division F of the Consolidated and Fur13 ther Continuing Appropriations Act, 2013 (Public Law 

14 113–6; 127 Stat. 432) shall remain available through fis15 cal year 2020 for the liquidation of valid obligations of 

16 active grants incurred in fiscal year 2013: Provided fur17 ther, That the 2 preceding provisos shall be applied as if 

18 they were in effect on September 30, 2018: Provided fur19 ther, That after calculating the distribution of obligation 

20 limitation for Federal-aid highways for fiscal year 2019 

21 under section 120(a), the obligation limitation shall be re22 duced by $52,000,000 to a total of $45,216,596,000: Pro23 vided further, That the reduction in the preceding proviso 

24 shall be applied to the obligation limitation determined 


pbinns on DSK79D2C42PROD with BILLS
426 

HR 21 PCS 

1 under section 120(a)(4) for the TIFIA program (as de2 fined in section 601(a) of title 23, United States Code). 

3 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE

4 FINANCE BUREAU

5 For necessary expenses of the National Surface 

6 Transportation and Innovative Finance Bureau as author7 ized by 49 U.S.C. 116, $2,987,000, to remain available 

8 until expended. 

9 FINANCIAL MANAGEMENT CAPITAL

10 For necessary expenses for upgrading and enhancing 

11 the Department of Transportation’s financial systems and 

12 re-engineering business processes, $2,000,000, to remain 

13 available through September 30, 2020. 

14 CYBER SECURITY INITIATIVES

15 For necessary expenses for cyber security initiatives, 

16 including necessary upgrades to wide area network and 

17 information technology infrastructure, improvement of 

18 network perimeter controls and identity management, 

19 testing and assessment of information technology against 

20 business, security, and other requirements, implementa21 tion of Federal cyber security initiatives and information 

22 infrastructure enhancements, and implementation of en23 hanced security controls on network devices, $15,000,000, 

24 to remain available through September 30, 2020. 


pbinns on DSK79D2C42PROD with BILLS
427 

HR 21 PCS 

1 OFFICE OF CIVIL RIGHTS

2 For necessary expenses of the Office of Civil Rights, 

3 $9,470,000. 

4 TRANSPORTATION PLANNING, RESEARCH, AND

5 DEVELOPMENT

6 For necessary expenses for conducting transportation 

7 planning, research, systems development, development ac8 tivities, and making grants, $7,879,000, to remain avail9 able until expended: Provided, That of such amount, 

10 $1,000,000 shall be for necessary expenses for the Inter11 agency Infrastructure Permitting Improvement Center 

12 (IIPIC): Provided further, That there may be transferred 

13 to this appropriation, to remain available until expended, 

14 amounts transferred from other Federal agencies for ex15 penses incurred under this heading for IIPIC activities not 

16 related to transportation infrastructure: Provided further, 

17 That the tools and analysis developed by the IIPIC shall 

18 be available to other Federal agencies for the permitting 

19 and review of major infrastructure projects not related to 

20 transportation only to the extent that other Federal agen21 cies provide funding to the Department as provided for 

22 under the previous proviso. 

23 WORKING CAPITAL FUND

24 For necessary expenses for operating costs and cap25 ital outlays of the Working Capital Fund, not to exceed 


pbinns on DSK79D2C42PROD with BILLS
428 

HR 21 PCS 

1 $203,883,000, shall be paid from appropriations made 

2 available to the Department of Transportation: Provided, 

3 That such services shall be provided on a competitive basis 

4 to entities within the Department of Transportation: Pro5 vided further, That the above limitation on operating ex6 penses shall not apply to non-DOT entities: Provided fur7 ther, That no funds appropriated in this Act to an agency 

8 of the Department shall be transferred to the Working 

9 Capital Fund without majority approval of the Working 

10 Capital Fund Steering Committee and approval of the 

11 Secretary: Provided further, That no assessments may be 

12 levied against any program, budget activity, subactivity or 

13 project funded by this Act unless notice of such assess14 ments and the basis therefor are presented to the House 

15 and Senate Committees on Appropriations and are ap16 proved by such Committees. 

17 MINORITY BUSINESS RESOURCE CENTER PROGRAM

18 For necessary expenses of the Minority Business Re19 source Center, the provision of financial education out20 reach activities to eligible transportation-related small 

21 businesses, the monitoring of existing loans in the guaran22 teed loan program, and the modification of such loans of 

23 the Minority Business Resource Center, $249,000, as au24 thorized by 49 U.S.C. 332: Provided, That notwithVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
429 

HR 21 PCS 

1 standing that section, these funds may be for business op2 portunities related to any mode of transportation. 

3 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND

4 OUTREACH

5 For necessary expenses for small and disadvantaged 

6 business utilization and outreach activities, $3,488,000, to 

7 remain available until September 30, 2020: Provided, 

8 That notwithstanding 49 U.S.C. 332, these funds may be 

9 used for business opportunities related to any mode of 

10 transportation. 

11 PAYMENTS TO AIR CARRIERS

12 (AIRPORT AND AIRWAY TRUST FUND)

13 In addition to funds made available from any other 

14 source to carry out the essential air service program under 

15 49 U.S.C. 41731 through 41742, $175,000,000, to be de16 rived from the Airport and Airway Trust Fund, to remain 

17 available until expended: Provided, That in determining 

18 between or among carriers competing to provide service 

19 to a community, the Secretary may consider the relative 

20 subsidy requirements of the carriers: Provided further, 

21 That basic essential air service minimum requirements 

22 shall not include the 15-passenger capacity requirement 

23 under subsection 41732(b)(3) of title 49, United States 

24 Code: Provided further, That none of the funds in this Act 

25 or any other Act shall be used to enter into a new contract 


pbinns on DSK79D2C42PROD with BILLS
430 

HR 21 PCS 

1 with a community located less than 40 miles from the 

2 nearest small hub airport before the Secretary has nego3 tiated with the community over a local cost share: Pro4 vided further, That amounts authorized to be distributed 

5 for the essential air service program under subsection 

6 41742(b) of title 49, United States Code, shall be made 

7 available immediately from amounts otherwise provided to 

8 the Administrator of the Federal Aviation Administration: 

9 Provided further, That the Administrator may reimburse 

10 such amounts from fees credited to the account estab11 lished under section 45303 of title 49, United States Code. 

12 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

13 SECRETARY OF TRANSPORTATION

14 SEC. 101. None of the funds made available in this 

15 Act to the Department of Transportation may be obligated 

16 for the Office of the Secretary of Transportation to ap17 prove assessments or reimbursable agreements pertaining 

18 to funds appropriated to the modal administrations in this 

19 Act, except for activities underway on the date of enact20 ment of this Act, unless such assessments or agreements 

21 have completed the normal reprogramming process for 

22 Congressional notification. 

23 SEC. 102. The Secretary shall post on the Web site 

24 of the Department of Transportation a schedule of all 

25 meetings of the Council on Credit and Finance, including 


pbinns on DSK79D2C42PROD with BILLS
431 

HR 21 PCS 

1 the agenda for each meeting, and require the Council on 

2 Credit and Finance to record the decisions and actions 

3 of each meeting. 

4 SEC. 103. In addition to authority provided by section 

5 327 of title 49, United States Code, the Department’s 

6 Working Capital Fund is hereby authorized to provide 

7 partial or full payments in advance and accept subsequent 

8 reimbursements from all Federal agencies from available 

9 funds for transit benefit distribution services that are nec10 essary to carry out the Federal transit pass transportation 

11 fringe benefit program under Executive Order No. 13150 

12 and section 3049 of Public Law 109–59: Provided, That 

13 the Department shall maintain a reasonable operating re14 serve in the Working Capital Fund, to be expended in ad15 vance to provide uninterrupted transit benefits to Govern16 ment employees: Provided further, That such reserve will 

17 not exceed one month of benefits payable and may be used 

18 only for the purpose of providing for the continuation of 

19 transit benefits: Provided further, That the Working Cap20 ital Fund will be fully reimbursed by each customer agen21 cy from available funds for the actual cost of the transit 

22 benefit. 


pbinns on DSK79D2C42PROD with BILLS
432 

HR 21 PCS 

1 FEDERAL AVIATION ADMINISTRATION

2 OPERATIONS

3 (AIRPORT AND AIRWAY TRUST FUND)

4 For necessary expenses of the Federal Aviation Ad5 ministration, not otherwise provided for, including oper6 ations and research activities related to commercial space 

7 transportation, administrative expenses for research and 

8 development, establishment of air navigation facilities, the 

9 operation (including leasing) and maintenance of aircraft, 

10 subsidizing the cost of aeronautical charts and maps sold 

11 to the public, the lease or purchase of passenger motor 

12 vehicles for replacement only, in addition to amounts made 

13 available by Public Law 112–95, $10,410,758,000, to re14 main available until September 30, 2020, of which 

15 $9,833,400,000 shall be derived from the Airport and Air16 way Trust Fund, of which not to exceed $7,843,427,000 

17 shall be available for air traffic organization activities; not 

18 to exceed $1,334,377,000 shall be available for aviation 

19 safety activities; not to exceed $24,981,000 shall be avail20 able for commercial space transportation activities; not to 

21 exceed $816,562,000 shall be available for finance and 

22 management activities; not to exceed $61,796,000 shall be 

23 available for NextGen and operations planning activities; 

24 not to exceed $114,312,000 shall be available for security 

25 and hazardous materials safety; and not to exceed 


pbinns on DSK79D2C42PROD with BILLS
433 

HR 21 PCS 

1 $215,303,000 shall be available for staff offices: Provided, 

2 That not to exceed 5 percent of any budget activity, except 

3 for aviation safety budget activity, may be transferred to 

4 any budget activity under this heading: Provided further, 

5 That no transfer may increase or decrease any appropria6 tion by more than 5 percent: Provided further, That any 

7 transfer in excess of 5 percent shall be treated as a re8 programming of funds under section 405 of this Act and 

9 shall not be available for obligation or expenditure except 

10 in compliance with the procedures set forth in that section: 

11 Provided further, That not later than March 31 of each 

12 fiscal year hereafter, the Administrator of the Federal 

13 Aviation Administration shall transmit to Congress an an14 nual update to the report submitted to Congress in De15 cember 2004 pursuant to section 221 of Public Law 108– 

16 176: Provided further, That the amount herein appro17 priated shall be reduced by $100,000 for each day after 

18 March 31 that such report has not been submitted to the 

19 Congress: Provided further, That not later than March 31 

20 of each fiscal year hereafter, the Administrator shall 

21 transmit to Congress a companion report that describes 

22 a comprehensive strategy for staffing, hiring, and training 

23 flight standards and aircraft certification staff in a format 

24 similar to the one utilized for the controller staffing plan, 

25 including stated attrition estimates and numerical hiring 


pbinns on DSK79D2C42PROD with BILLS
434 

HR 21 PCS 

1 goals by fiscal year: Provided further, That the amount 

2 herein appropriated shall be reduced by $100,000 per day 

3 for each day after March 31 that such report has not been 

4 submitted to Congress: Provided further, That funds may 

5 be used to enter into a grant agreement with a nonprofit 

6 standard-setting organization to assist in the development 

7 of aviation safety standards: Provided further, That none 

8 of the funds in this Act shall be available for new appli9 cants for the second career training program: Provided 

10 further, That none of the funds in this Act shall be avail11 able for the Federal Aviation Administration to finalize 

12 or implement any regulation that would promulgate new 

13 aviation user fees not specifically authorized by law after 

14 the date of the enactment of this Act: Provided further, 

15 That there may be credited to this appropriation, as off16 setting collections, funds received from States, counties, 

17 municipalities, foreign authorities, other public authori18 ties, and private sources for expenses incurred in the pro19 vision of agency services, including receipts for the mainte20 nance and operation of air navigation facilities, and for 

21 issuance, renewal or modification of certificates, including 

22 airman, aircraft, and repair station certificates, or for 

23 tests related thereto, or for processing major repair or al24 teration forms: Provided further, That of the funds appro25 priated under this heading, not less than $168,000,000 


pbinns on DSK79D2C42PROD with BILLS
435 

HR 21 PCS 

1 shall be used to fund direct operations of the current 254 

2 air traffic control towers in the contract tower program, 

3 including the contract tower cost share program, and any 

4 airport that is currently qualified or that will qualify for 

5 the program during the fiscal year: Provided further, That 

6 none of the funds in this Act for aeronautical charting 

7 and cartography are available for activities conducted by, 

8 or coordinated through, the Working Capital Fund: Pro9 vided further, That none of the funds appropriated or oth10 erwise made available by this Act or any other Act may 

11 be used to eliminate the Contract Weather Observers pro12 gram at any airport: Provided further, That of the amount 

13 appropriated under this heading, up to $6,000,000 shall 

14 be used for providing matching funds to qualified commer15 cial entities seeking to demonstrate or validate tech16 nologies that the Federal Aviation Administration con17 siders essential to the safe integration of unmanned air18 craft systems (UAS) in the National Airspace System at 

19 Federal Aviation Administration designated UAS test 

20 sites: Provided further, That not later than 60 days after 

21 the date of enactment of this Act, the Administrator of 

22 the Federal Aviation Administration shall identify essen23 tial integration technologies that could be demonstrated 

24 or validated at test sites designated in accordance with 

25 the preceding proviso. 


pbinns on DSK79D2C42PROD with BILLS
436 

HR 21 PCS 

1 FACILITIES AND EQUIPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For necessary expenses, not otherwise provided for, 

4 for acquisition, establishment, technical support services, 

5 improvement by contract or purchase, and hire of national 

6 airspace systems and experimental facilities and equip7 ment, as authorized under part A of subtitle VII of title 

8 49, United States Code, including initial acquisition of 

9 necessary sites by lease or grant; engineering and service 

10 testing, including construction of test facilities and acqui11 sition of necessary sites by lease or grant; construction 

12 and furnishing of quarters and related accommodations 

13 for officers and employees of the Federal Aviation Admin14 istration stationed at remote localities where such accom15 modations are not available; and the purchase, lease, or 

16 transfer of aircraft from funds available under this head17 ing, including aircraft for aviation regulation and certifi18 cation; to be derived from the Airport and Airway Trust 

19 Fund, $3,000,000,000, of which $512,823,000 shall re20 main available until September 30, 2020, $2,362,977,000 

21 shall remain available until September 30, 2021, and 

22 $124,200,000 shall remain available until expended: Pro23 vided, That there may be credited to this appropriation 

24 funds received from States, counties, municipalities, other 

25 public authorities, and private sources, for expenses inVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
437 

HR 21 PCS 

1 curred in the establishment, improvement, and moderniza2 tion of national airspace systems: Provided further, That 

3 no later than March 31, the Secretary of Transportation 

4 shall transmit to the Congress an investment plan for the 

5 Federal Aviation Administration which includes funding 

6 for each budget line item for fiscal years 2020 through 

7 2024, with total funding for each year of the plan con8 strained to the funding targets for those years as esti9 mated and approved by the Office of Management and 

10 Budget. 

11 RESEARCH, ENGINEERING, AND DEVELOPMENT

12 (AIRPORT AND AIRWAY TRUST FUND)

13 For necessary expenses, not otherwise provided for, 

14 for research, engineering, and development, as authorized 

15 under part A of subtitle VII of title 49, United States 

16 Code, including construction of experimental facilities and 

17 acquisition of necessary sites by lease or grant, 

18 $191,000,000, to be derived from the Airport and Airway 

19 Trust Fund and to remain available until September 30, 

20 2021: Provided, That there may be credited to this appro21 priation as offsetting collections, funds received from 

22 States, counties, municipalities, other public authorities, 

23 and private sources, which shall be available for expenses 

24 incurred for research, engineering, and development. 


pbinns on DSK79D2C42PROD with BILLS
438 

HR 21 PCS 

1 GRANTS-IN-AID FOR AIRPORTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (AIRPORT AND AIRWAY TRUST FUND)

5 (INCLUDING TRANSFER OF FUNDS)

6 For liquidation of obligations incurred for grants-in7 aid for airport planning and development, and noise com8 patibility planning and programs as authorized under sub9 chapter I of chapter 471 and subchapter I of chapter 475 

10 of title 49, United States Code, and under other law au11 thorizing such obligations; for procurement, installation, 

12 and commissioning of runway incursion prevention devices 

13 and systems at airports of such title; for grants authorized 

14 under section 41743 of title 49, United States Code; and 

15 for inspection activities and administration of airport safe16 ty programs, including those related to airport operating 

17 certificates under section 44706 of title 49, United States 

18 Code, $3,000,000,000, to be derived from the Airport and 

19 Airway Trust Fund and to remain available until ex20 pended: Provided, That none of the funds under this head21 ing shall be available for the planning or execution of pro22 grams the obligations for which are in excess of 

23 $3,350,000,000 in fiscal year 2019, notwithstanding sec24 tion 47117(g) of title 49, United States Code: Provided 

25 further, That none of the funds under this heading shall 


pbinns on DSK79D2C42PROD with BILLS
439 

HR 21 PCS 

1 be available for the replacement of baggage conveyor sys2 tems, reconfiguration of terminal baggage areas, or other 

3 airport improvements that are necessary to install bulk ex4 plosive detection systems: Provided further, That notwith5 standing section 47109(a) of title 49, United States Code, 

6 the Government’s share of allowable project costs under 

7 paragraph (2) for subgrants or paragraph (3) of that sec8 tion shall be 95 percent for a project at other than a large 

9 or medium hub airport that is a successive phase of a 

10 multi-phased construction project for which the project 

11 sponsor received a grant in fiscal year 2011 for the con12 struction project: Provided further, That notwithstanding 

13 any other provision of law, of funds limited under this 

14 heading, not more than $112,600,000 shall be available 

15 for administration, not less than $15,000,000 shall be 

16 available for the Airport Cooperative Research Program, 

17 not less than $33,210,000 shall be available for Airport 

18 Technology Research, and $10,000,000, to remain avail19 able until expended, shall be available and transferred to 

20 ‘‘Office of the Secretary, Salaries and Expenses’’ to carry 

21 out the Small Community Air Service Development Pro22 gram: Provided further, That in addition to airports eligi23 ble under section 41743 of title 49, United States Code, 

24 such program may include the participation of an airport 

25 that serves a community or consortium that is not larger 


pbinns on DSK79D2C42PROD with BILLS
440 

HR 21 PCS 

1 than a small hub airport, according to FAA hub classifica2 tions effective at the time the Office of the Secretary 

3 issues a request for proposals. 

4 GRANTS-IN-AID FOR AIRPORTS

5 For an additional amount for ‘‘Grants-In-Aid for Air6 ports’’, to enable the Secretary of Transportation to make 

7 grants for projects as authorized by subchapter 1 of chap8 ter 471 and subchapter 1 of chapter 475 of title 49, 

9 United States Code, $750,000,000, to remain available 

10 through September 30, 2021: Provided, That amounts 

11 made available under this heading shall be derived from 

12 the general fund, and such funds shall not be subject to 

13 apportionment formulas, special apportionment categories, 

14 or minimum percentages under chapter 471: Provided fur15 ther, That the Secretary shall distribute funds provided 

16 under this heading as discretionary grants to airports: 

17 Provided further, That the amount made available under 

18 this heading shall not be subject to any limitation on obli19 gations for the Grants-in-Aid for Airports program set 

20 forth in any Act: Provided further, That the Administrator 

21 of the Federal Aviation Administration may retain up to 

22 0.5 percent of the funds provided under this heading to 

23 fund the award and oversight by the Administrator of 

24 grants made under this heading. 


pbinns on DSK79D2C42PROD with BILLS
441 

HR 21 PCS 

1 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

2 ADMINISTRATION

3 SEC. 110. None of the funds in this Act may be used 

4 to compensate in excess of 600 technical staff-years under 

5 the federally funded research and development center con6 tract between the Federal Aviation Administration and the 

7 Center for Advanced Aviation Systems Development dur8 ing fiscal year 2019. 

9 SEC. 111. None of the funds in this Act shall be used 

10 to pursue or adopt guidelines or regulations requiring air11 port sponsors to provide to the Federal Aviation Adminis12 tration without cost building construction, maintenance, 

13 utilities and expenses, or space in airport sponsor-owned 

14 buildings for services relating to air traffic control, air 

15 navigation, or weather reporting: Provided, That the pro16 hibition of funds in this section does not apply to negotia17 tions between the agency and airport sponsors to achieve 

18 agreement on ‘‘below-market’’ rates for these items or to 

19 grant assurances that require airport sponsors to provide 

20 land without cost to the Federal Aviation Administration 

21 for air traffic control facilities. 

22 SEC. 112. The Administrator of the Federal Aviation 

23 Administration may reimburse amounts made available to 

24 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 

25 49 U.S.C. 45303 and any amount remaining in such acVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
442 

HR 21 PCS 

1 count at the close of that fiscal year may be made available 

2 to satisfy section 41742(a)(1) for the subsequent fiscal 

3 year. 

4 SEC. 113. Amounts collected under section 40113(e) 

5 of title 49, United States Code, shall be credited to the 

6 appropriation current at the time of collection, to be 

7 merged with and available for the same purposes of such 

8 appropriation. 

9 SEC. 114. None of the funds in this Act shall be avail10 able for paying premium pay under subsection 5546(a) of 

11 title 5, United States Code, to any Federal Aviation Ad12 ministration employee unless such employee actually per13 formed work during the time corresponding to such pre14 mium pay. 

15 SEC. 115. None of the funds in this Act may be obli16 gated or expended for an employee of the Federal Aviation 

17 Administration to purchase a store gift card or gift certifi18 cate through use of a Government-issued credit card. 

19 SEC. 116. None of the funds in this Act may be obli20 gated or expended for retention bonuses for an employee 

21 of the Federal Aviation Administration without the prior 

22 written approval of the Assistant Secretary for Adminis23 tration of the Department of Transportation. 

24 SEC. 117. Notwithstanding any other provision of 

25 law, none of the funds made available under this Act or 


pbinns on DSK79D2C42PROD with BILLS
443 

HR 21 PCS 

1 any prior Act may be used to implement or to continue 

2 to implement any limitation on the ability of any owner 

3 or operator of a private aircraft to obtain, upon a request 

4 to the Administrator of the Federal Aviation Administra5 tion, a blocking of that owner’s or operator’s aircraft reg6 istration number from any display of the Federal Aviation 

7 Administration’s Aircraft Situational Display to Industry 

8 data that is made available to the public, except data made 

9 available to a Government agency, for the noncommercial 

10 flights of that owner or operator. 

11 SEC. 118. None of the funds in this Act shall be avail12 able for salaries and expenses of more than eight political 

13 and Presidential appointees in the Federal Aviation Ad14 ministration. 

15 SEC. 119. None of the funds made available under 

16 this Act may be used to increase fees pursuant to section 

17 44721 of title 49, United States Code, until the Federal 

18 Aviation Administration provides to the House and Senate 

19 Committees on Appropriations a report that justifies all 

20 fees related to aeronautical navigation products and ex21 plains how such fees are consistent with Executive Order 

22 13642. 

23 SEC. 119A. None of the funds in this Act may be 

24 used to close a regional operations center of the Federal 

25 Aviation Administration or reduce its services unless the 


pbinns on DSK79D2C42PROD with BILLS
444 

HR 21 PCS 

1 Administrator notifies the House and Senate Committees 

2 on Appropriations not less than 90 full business days in 

3 advance. 

4 SEC. 119B. None of the funds appropriated or lim5 ited by this Act may be used to change weight restrictions 

6 or prior permission rules at Teterboro airport in 

7 Teterboro, New Jersey. 

8 SEC. 119C. None of the funds provided under this 

9 Act may be used by the Administrator of the Federal Avia10 tion Administration to withhold from consideration and 

11 approval any new application for participation in the Con12 tract Tower Program, or for reevaluation of Cost-share 

13 Program participants, as long as the Federal Aviation Ad14 ministration has received an application from the airport, 

15 and as long as the Administrator determines such tower 

16 is eligible using the factors set forth in the Federal Avia17 tion Administration report, Establishment and Dis18 continuance Criteria for Airport Traffic Control Towers 

19 (FAA–APO–90–7 as of August, 1990). 

20 SEC. 119D. Notwithstanding any other provision of 

21 law, none of the funds made available in this Act may be 

22 obligated or expended to limit the use of an Organization 

23 Designation Authorization’s (ODA) delegated functions 

24 documented in its procedures manual on a type certifi25 cation project unless the Administrator documents a sysVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
445 

HR 21 PCS 

1 temic airworthiness noncompliance performance issue as 

2 a result of inspection or oversight that the safety of air 

3 commerce requires a limitation with regard to a specific 

4 authorization or where an ODA’s capability has not been 

5 previously established in terms of a new compliance meth6 od or design feature: Provided, That in such cases the 

7 Federal Aviation Administration shall work with the ODA 

8 holder if requested to develop the capability to execute 

9 that function safely, efficiently and effectively. 

10 SEC. 119E. (a) TERMINAL AERODROME FORE11 CAST.—The Administrator shall permit an air carrier op12 eration under part 121 of title 14, Code of Federal Regu13 lations, to operate to a destination determined to be under 

14 visual flight rules without a Terminal Aerodrome Forecast 

15 or Meteorological Aerodrome Report if a current Area 

16 Forecast, supplemented by other local weather observa17 tions or reports, is available, and an alternate airport that 

18 has an available Terminal Aerodrome Forecast and weath19 er report is specified. The air carrier shall have approved 

20 procedures for dispatch and en route weather evaluation 

21 and shall operate under instrument flight rules en route 

22 to the destination. 

23 (b) LIMITATION.—Without a written finding of neces24 sity, based on objective and historical evidence of immi25 nent threat to safety, the Administrator shall not promulVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
446 

HR 21 PCS 

1 gate any operation specification, policy, or guidance docu2 ment that is more restrictive than, or requires procedures 

3 that are not expressly stated in, the regulations. 

4 SEC. 119F. Of the funds provided under the heading 

5 ‘‘Grants-in-aid for Airports’’, up to $3,500,000 shall be 

6 for necessary expenses, including an independent 

7 verification regime, to provide reimbursement to airport 

8 sponsors that do not provide gateway operations and pro9 viders of general aviation ground support services located 

10 at those airports closed during a temporary flight restric11 tion (TFR) for any residence of the President that is des12 ignated or identified to be secured by the United States 

13 Secret Service, and for direct and incremental financial 

14 losses incurred while such airports are closed solely due 

15 to the actions of the Federal Government: Provided, That 

16 no funds shall be obligated or distributed to airport spon17 sors that do not provide gateway operations and providers 

18 of general aviation ground support services until an inde19 pendent audit is completed: Provided further, That losses 

20 incurred as a result of violations of law, or through fault 

21 or negligence, of such operators and service providers or 

22 of third parties (including airports) are not eligible for re23 imbursements: Provided further, That obligation and ex24 penditure of funds are conditional upon full release of the 


pbinns on DSK79D2C42PROD with BILLS
447 

HR 21 PCS 

1 United States Government for all claims for financial 

2 losses resulting from such actions. 

3 REPORT ON NEXTGEN IMPLEMENTATION

4 SEC. 119G. (a) IN GENERAL.—Not later than 1 year 

5 after the date of enactment of this Act, the Administrator 

6 shall submit to Congress a report on the implementation 

7 of NextGen at commercial service airports in the United 

8 States. 

9 (b) ELEMENTS.—The report required by subsection 

10 (a) shall include the following: 

11 (1) The number and percentage of commercial 

12 service airports in the United States that have fully 

13 implemented NextGen. 

14 (2) The percentage completion of NextGen im15 plementation at each commercial service airport in 

16 the United States. 

17 (c) DEVELOPMENT OF STANDARD TO DETERMINE

18 PERCENTAGE IMPLEMENTATION OF NEXTGEN.— 

19 (1) IN GENERAL.—The Administrator shall de20 velop a standard for determining under subsection 

21 (b)(2) the percentage completion of NextGen imple22 mentation at commercial service airports in the 

23 United States based on factors that may include an 

24 accounting of efficiency benefits achieved, the degree 


pbinns on DSK79D2C42PROD with BILLS
448 

HR 21 PCS 

1 of NextGen technology and infrastructure installed, 

2 and the extent of controller training on NextGen. 

3 (2) INCLUSION IN REPORT.—The Administrator 

4 shall include in the report submitted under sub5 section (a) the standard developed under paragraph 

6 (1). 

7 (d) DEFINITIONS.—In this section: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Federal 

10 Aviation Administration. 

11 (2) NEXTGEN.—The term ‘‘NextGen’’ means 

12 the Next Generation Air Transportation System. 

13 FEDERAL HIGHWAY ADMINISTRATION

14 LIMITATION ON ADMINISTRATIVE EXPENSES

15 (HIGHWAY TRUST FUND)

16 (INCLUDING TRANSFER OF FUNDS)

17 Not to exceed $446,444,304, together with advances 

18 and reimbursements received by the Federal Highway Ad19 ministration, shall be obligated for necessary expenses for 

20 administration and operation of the Federal Highway Ad21 ministration. In addition, $3,248,000 shall be transferred 

22 to the Appalachian Regional Commission in accordance 

23 with section 104(a) of title 23, United States Code. 


pbinns on DSK79D2C42PROD with BILLS
449 

HR 21 PCS 

1 FEDERAL-AID HIGHWAYS

2 (LIMITATION ON OBLIGATIONS)

3 (HIGHWAY TRUST FUND)

4 Funds available for the implementation or execution 

5 of Federal-aid highway and highway safety construction 

6 programs authorized under titles 23 and 49, United States 

7 Code, and the provisions of the Fixing America’s Surface 

8 Transportation Act shall not exceed total obligations of 

9 $45,268,596,000 for fiscal year 2019: Provided, That the 

10 Secretary may collect and spend fees, as authorized by 

11 title 23, United States Code, to cover the costs of services 

12 of expert firms, including counsel, in the field of municipal 

13 and project finance to assist in the underwriting and serv14 icing of Federal credit instruments and all or a portion 

15 of the costs to the Federal Government of servicing such 

16 credit instruments: Provided further, That such fees are 

17 available until expended to pay for such costs: Provided 

18 further, That such amounts are in addition to administra19 tive expenses that are also available for such purpose, and 

20 are not subject to any obligation limitation or the limita21 tion on administrative expenses under section 608 of title 

22 23, United States Code. 


pbinns on DSK79D2C42PROD with BILLS
450 

HR 21 PCS 

1 (LIQUIDATION OF CONTRACT AUTHORIZATION)

2 (HIGHWAY TRUST FUND)

3 For the payment of obligations incurred in carrying 

4 out Federal-aid highway and highway safety construction 

5 programs authorized under title 23, United States Code, 

6 $46,007,596,000 derived from the Highway Trust Fund 

7 (other than the Mass Transit Account), to remain avail8 able until expended. 

9 HIGHWAY INFRASTRUCTURE PROGRAMS

10 There is hereby appropriated to the Secretary of 

11 Transportation $3,300,000,000: Provided, That the 

12 amounts made available under this heading shall be de13 rived from the general fund, shall be in addition to any 

14 funds provided for fiscal year 2019 in this or any other 

15 Act for ‘‘Federal-aid Highways’’ under chapter 1 of title 

16 23, United States Code, and shall not affect the distribu17 tion or amount of funds provided in any other Act: Pro18 vided further, That section 1101(b) of Public Law 114– 

19 94 shall apply to funds made available under this heading: 

20 Provided further, That of the funds made available under 

21 this heading, $2,389,200,000 shall be set aside for activi22 ties eligible under section 133(b)(1)(A) of title 23, United 

23 States Code, $15,800,000 shall be set aside for activities 

24 eligible under the Puerto Rico Highway Program as de25 scribed in section 165(b)(2)(C) of such title, $5,000,000 


pbinns on DSK79D2C42PROD with BILLS
451 

HR 21 PCS 

1 shall be set aside for activities eligible under the Terri2 torial Highway Program, as described in section 165(c)(6) 

3 of such title, $90,000,000 shall be set aside for the elimi4 nation of hazards and installation of protective devices at 

5 railway-highway crossings, as described in section 

6 130(e)(1)(A) of such title, and $800,000,000 shall be set 

7 aside for a bridge replacement and rehabilitation program 

8 for States: Provided further, That for purposes of this 

9 heading, the term ‘‘State’’ means any of the 50 States 

10 or the District of Columbia: Provided further, That the 

11 funds made available under this heading for activities eli12 gible under section 133(b)(1)(A) of title 23, United States 

13 Code, shall be suballocated in the manner described in sec14 tion 133(d) of such title, except that the set-aside de15 scribed in section 133(h) of such title shall not apply to 

16 funds made available under this heading: Provided further, 

17 That the funds made available under this heading for (1) 

18 activities eligible under section 133(b)(1)(A) of such title 

19 (2) the elimination of hazards and installation of protec20 tive devices at railway-highway crossings, and (3) a bridge 

21 replacement and rehabilitation program shall be adminis22 tered as if apportioned under chapter 1 of such title and 

23 shall remain available through September 30, 2022: Pro24 vided further, That the funds made available under this 

25 heading for activities eligible under section 133(b)(1)(A) 


pbinns on DSK79D2C42PROD with BILLS
452 

HR 21 PCS 

1 of title 23, United States Code, shall be apportioned to 

2 the States in the same ratio as the obligation limitation 

3 for fiscal year 2019 is distributed among the States in 

4 section 120(a)(5) of this Act: Provided further, That, ex5 cept as provided in the following proviso, the funds made 

6 available under this heading for activities eligible under 

7 the Puerto Rico Highway Program and activities eligible 

8 under the Territorial Highway Program shall be adminis9 tered as if allocated under sections 165(b) and 165(c), re10 spectively, of such title and shall remain available through 

11 September 30, 2022: Provided further, That the funds 

12 made available under this heading for activities eligible 

13 under the Puerto Rico Highway Program shall not be sub14 ject to the requirements of sections 165(b)(2)(A) or 

15 165(b)(2)(B) of such title: Provided further, That the 

16 funds made available under this heading for the elimi17 nation of hazards and installation of protective devices at 

18 railway-highway crossings shall be apportioned to the 

19 States as described in sections 130(f)(1) and (f)(2) of such 

20 title: Provided further, That at least one-half of the funds 

21 made available to a State under this heading for the elimi22 nation of hazards and installation of protective devices at 

23 railway-highway crossings shall be available for the instal24 lation of protective devices at railway-highway crossings: 

25 Provided further, That the funds made available under this 


pbinns on DSK79D2C42PROD with BILLS
453 

HR 21 PCS 

1 heading for the elimination of hazards and installation of 

2 protective devices at railway-highway crossings shall be 

3 subject to the special rule described in section 130(e)(2) 

4 of such title: Provided further, That projects carried out 

5 with funds made available under this heading for the 

6 elimination of hazards and installation of protective de7 vices at railway-highway crossings shall be (1) subject to 

8 sections 130(b), (c), and (j) of such title, (2) included in 

9 the annual report described in section 130(g) of such title, 

10 and (3) subject to the Federal share requirement de11 scribed in section 130(f)(3) of such title: Provided further, 

12 That the funds made available under this heading for the 

13 elimination of hazards and installation of protective de14 vices at railway-highway crossings shall be (1) available 

15 for matching, as described in section 130(h) of such title, 

16 subject to the requirements of such section, (2) available 

17 for incentive payments, as described in section 130(i) of 

18 such title, subject to the requirements of such section, and 

19 (3) subject to the limitation in section 130(k) of such title: 

20 Provided further, That the funds made available under this 

21 heading for a bridge replacement and rehabilitation pro22 gram shall be used for highway bridge replacement or re23 habilitation projects on public roads: Provided further, 

24 That except as provided in the following proviso the funds 

25 made available under this heading for a bridge replaceVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
454 

HR 21 PCS 

1 ment and rehabilitation program shall be used in areas 

2 of a State that have a population of 200,000 or fewer indi3 viduals: Provided further, That if a State has no bridges 

4 located in areas with a population of 200,000 or fewer 

5 individuals, or if a State has no bridge replacement or re6 habilitation needs in areas of the State with a population 

7 of 200,000 or fewer individuals, the funds made available 

8 under this heading for a bridge replacement and rehabili9 tation program may be used for highway bridge replace10 ment or rehabilitation projects on public roads in any area 

11 of the State: Provided further, That the Secretary shall 

12 distribute funds made available under this heading for the 

13 bridge replacement and rehabilitation program to each 

14 State by the proportion that the percentage of total deck 

15 area of bridges classified as in poor condition in each State 

16 bears to the sum of the percentages of total deck area 

17 of bridges classified as in poor condition in all States: Pro18 vided further, That for purposes of this heading for the 

19 bridge replacement and rehabilitation program, the Sec20 retary shall (1) calculate population based on the latest 

21 available data from the decennial census conducted under 

22 section 141(a) of title 13, United States Code, and (2) 

23 calculate the percentages of total deck area of bridges clas24 sified as in poor condition based on the National Bridge 

25 Inventory as of December 31, 2017. 


pbinns on DSK79D2C42PROD with BILLS
455 

HR 21 PCS 

1 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

2 ADMINISTRATION

3 SEC. 120. (a) For fiscal year 2019, the Secretary of 

4 Transportation shall— 

5 (1) not distribute from the obligation limitation 

6 for Federal-aid highways— 

7 (A) amounts authorized for administrative 

8 expenses and programs by section 104(a) of 

9 title 23, United States Code; and 

10 (B) amounts authorized for the Bureau of 

11 Transportation Statistics; 

12 (2) not distribute an amount from the obliga13 tion limitation for Federal-aid highways that is equal 

14 to the unobligated balance of amounts— 

15 (A) made available from the Highway 

16 Trust Fund (other than the Mass Transit Ac17 count) for Federal-aid highway and highway 

18 safety construction programs for previous fiscal 

19 years the funds for which are allocated by the 

20 Secretary (or apportioned by the Secretary 

21 under sections 202 or 204 of title 23, United 

22 States Code); and 

23 (B) for which obligation limitation was 

24 provided in a previous fiscal year; 

25 (3) determine the proportion that— 


pbinns on DSK79D2C42PROD with BILLS
456 

HR 21 PCS 

1 (A) the obligation limitation for Federal2 aid highways, less the aggregate of amounts not 

3 distributed under paragraphs (1) and (2) of 

4 this subsection; bears to 

5 (B) the total of the sums authorized to be 

6 appropriated for the Federal-aid highway and 

7 highway safety construction programs (other 

8 than sums authorized to be appropriated for 

9 provisions of law described in paragraphs (1) 

10 through (11) of subsection (b) and sums au11 thorized to be appropriated for section 119 of 

12 title 23, United States Code, equal to the 

13 amount referred to in subsection (b)(12) for 

14 such fiscal year), less the aggregate of the 

15 amounts not distributed under paragraphs (1) 

16 and (2) of this subsection; 

17 (4) distribute the obligation limitation for Fed18 eral-aid highways, less the aggregate amounts not 

19 distributed under paragraphs (1) and (2), for each 

20 of the programs (other than programs to which 

21 paragraph (1) applies) that are allocated by the Sec22 retary under the Fixing America’s Surface Trans23 portation Act and title 23, United States Code, or 

24 apportioned by the Secretary under sections 202 or 

25 204 of that title, by multiplying— 


pbinns on DSK79D2C42PROD with BILLS
457 

HR 21 PCS 

1 (A) the proportion determined under para2 graph (3); by 

3 (B) the amounts authorized to be appro4 priated for each such program for such fiscal 

5 year; and 

6 (5) distribute the obligation limitation for Fed7 eral-aid highways, less the aggregate amounts not 

8 distributed under paragraphs (1) and (2) and the 

9 amounts distributed under paragraph (4), for Fed10 eral-aid highway and highway safety construction 

11 programs that are apportioned by the Secretary 

12 under title 23, United States Code, (other than the 

13 amounts apportioned for the National Highway Per14 formance Program in section 119 of title 23, United 

15 States Code, that are exempt from the limitation 

16 under subsection (b)(12) and the amounts appor17 tioned under sections 202 and 204 of that title) in 

18 the proportion that— 

19 (A) amounts authorized to be appropriated 

20 for the programs that are apportioned under 

21 title 23, United States Code, to each State for 

22 such fiscal year; bears to 

23 (B) the total of the amounts authorized to 

24 be appropriated for the programs that are apVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
458 

HR 21 PCS 

1 portioned under title 23, United States Code, to 

2 all States for such fiscal year. 

3 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

4 The obligation limitation for Federal-aid highways shall 

5 not apply to obligations under or for— 

6 (1) section 125 of title 23, United States Code; 

7 (2) section 147 of the Surface Transportation 

8 Assistance Act of 1978 (23 U.S.C. 144 note; 92 

9 Stat. 2714); 

10 (3) section 9 of the Federal-Aid Highway Act 

11 of 1981 (95 Stat. 1701); 

12 (4) subsections (b) and (j) of section 131 of the 

13 Surface Transportation Assistance Act of 1982 (96 

14 Stat. 2119); 

15 (5) subsections (b) and (c) of section 149 of the 

16 Surface Transportation and Uniform Relocation As17 sistance Act of 1987 (101 Stat. 198); 

18 (6) sections 1103 through 1108 of the Inter19 modal Surface Transportation Efficiency Act of 

20 1991 (105 Stat. 2027); 

21 (7) section 157 of title 23, United States Code 

22 (as in effect on June 8, 1998); 

23 (8) section 105 of title 23, United States Code 

24 (as in effect for fiscal years 1998 through 2004, but 


pbinns on DSK79D2C42PROD with BILLS
459 

HR 21 PCS 

1 only in an amount equal to $639,000,000 for each 

2 of those fiscal years); 

3 (9) Federal-aid highway programs for which ob4 ligation authority was made available under the 

5 Transportation Equity Act for the 21st Century 

6 (112 Stat. 107) or subsequent Acts for multiple 

7 years or to remain available until expended, but only 

8 to the extent that the obligation authority has not 

9 lapsed or been used; 

10 (10) section 105 of title 23, United States Code 

11 (as in effect for fiscal years 2005 through 2012, but 

12 only in an amount equal to $639,000,000 for each 

13 of those fiscal years); 

14 (11) section 1603 of SAFETEA–LU (23 

15 U.S.C. 118 note; 119 Stat. 1248), to the extent that 

16 funds obligated in accordance with that section were 

17 not subject to a limitation on obligations at the time 

18 at which the funds were initially made available for 

19 obligation; and 

20 (12) section 119 of title 23, United States Code 

21 (but, for each of fiscal years 2013 through 2019, 

22 only in an amount equal to $639,000,000). 

23 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU24 THORITY.—Notwithstanding subsection (a), the Secretary 

25 shall, after August 1 of such fiscal year— 


pbinns on DSK79D2C42PROD with BILLS
460 

HR 21 PCS 

1 (1) revise a distribution of the obligation limita2 tion made available under subsection (a) if an 

3 amount distributed cannot be obligated during that 

4 fiscal year; and 

5 (2) redistribute sufficient amounts to those 

6 States able to obligate amounts in addition to those 

7 previously distributed during that fiscal year, giving 

8 priority to those States having large unobligated bal9 ances of funds apportioned under sections 144 (as in 

10 effect on the day before the date of enactment of 

11 Public Law 112–141) and 104 of title 23, United 

12 States Code. 

13 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

14 TRANSPORTATION RESEARCH PROGRAMS.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the obligation limitation for Federal-aid 

17 highways shall apply to contract authority for trans18 portation research programs carried out under— 

19 (A) chapter 5 of title 23, United States 

20 Code; and 

21 (B) title VI of the Fixing America’s Sur22 face Transportation Act. 

23 (2) EXCEPTION.—Obligation authority made 

24 available under paragraph (1) shall— 


pbinns on DSK79D2C42PROD with BILLS
461 

HR 21 PCS 

1 (A) remain available for a period of 4 fis2 cal years; and 

3 (B) be in addition to the amount of any 

4 limitation imposed on obligations for Federal5 aid highway and highway safety construction 

6 programs for future fiscal years. 

7 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

8 FUNDS.— 

9 (1) IN GENERAL.—Not later than 30 days after 

10 the date of distribution of obligation limitation 

11 under subsection (a), the Secretary shall distribute 

12 to the States any funds (excluding funds authorized 

13 for the program under section 202 of title 23, 

14 United States Code) that— 

15 (A) are authorized to be appropriated for 

16 such fiscal year for Federal-aid highway pro17 grams; and 

18 (B) the Secretary determines will not be 

19 allocated to the States (or will not be appor20 tioned to the States under section 204 of title 

21 23, United States Code), and will not be avail22 able for obligation, for such fiscal year because 

23 of the imposition of any obligation limitation for 

24 such fiscal year. 


pbinns on DSK79D2C42PROD with BILLS
462 

HR 21 PCS 

1 (2) RATIO.—Funds shall be distributed under 

2 paragraph (1) in the same proportion as the dis3 tribution of obligation authority under subsection 

4 (a)(5). 

5 (3) AVAILABILITY.—Funds distributed to each 

6 State under paragraph (1) shall be available for any 

7 purpose described in section 133(b) of title 23, 

8 United States Code. 

9 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re10 ceived by the Bureau of Transportation Statistics from the 

11 sale of data products, for necessary expenses incurred pur12 suant to chapter 63 of title 49, United States Code, may 

13 be credited to the Federal-aid highways account for the 

14 purpose of reimbursing the Bureau for such expenses: 

15 Provided, That such funds shall be subject to the obliga16 tion limitation for Federal-aid highway and highway safety 

17 construction programs. 

18 SEC. 122. Not less than 15 days prior to waiving, 

19 under his or her statutory authority, any Buy America re20 quirement for Federal-aid highways projects, the Sec21 retary of Transportation shall make an informal public no22 tice and comment opportunity on the intent to issue such 

23 waiver and the reasons therefor: Provided, That the Sec24 retary shall provide an annual report to the House and 


pbinns on DSK79D2C42PROD with BILLS
463 

HR 21 PCS 

1 Senate Committees on Appropriations on any waivers 

2 granted under the Buy America requirements. 

3 SEC. 123. None of the funds provided in this Act to 

4 the Department of Transportation may be used to provide 

5 credit assistance unless not less than 3 days before any 

6 application approval to provide credit assistance under 

7 sections 603 and 604 of title 23, United States Code, the 

8 Secretary of Transportation provides notification in writ9 ing to the following committees: the House and Senate 

10 Committees on Appropriations; the Committee on Envi11 ronment and Public Works and the Committee on Bank12 ing, Housing and Urban Affairs of the Senate; and the 

13 Committee on Transportation and Infrastructure of the 

14 House of Representatives: Provided, That such notifica15 tion shall include, but not be limited to, the name of the 

16 project sponsor; a description of the project; whether cred17 it assistance will be provided as a direct loan, loan guar18 antee, or line of credit; and the amount of credit assist19 ance. 

20 SEC. 124. None of the funds in this Act may be used 

21 to make a grant for a project under section 117 of title 

22 23, United States Code, unless the Secretary, at least 60 

23 days before making a grant under that section, provides 

24 written notification to the House and Senate Committees 

25 on Appropriations of the proposed grant, including an 


pbinns on DSK79D2C42PROD with BILLS
464 

HR 21 PCS 

1 evaluation and justification for the project and the amount 

2 of the proposed grant award: Provided, That the written 

3 notification required in the previous proviso shall be made 

4 no later than 180 days after enactment of this Act. 

5 SEC. 125. (a) A State or territory, as defined in sec6 tion 165 of title 23, United States Code, may use for any 

7 project eligible under section 133(b) of title 23 or section 

8 165 of title 23 and located within the boundary of the 

9 State or territory any earmarked amount, and any associ10 ated obligation limitation: Provided, That the Department 

11 of Transportation for the State or territory for which the 

12 earmarked amount was originally designated or directed 

13 notifies the Secretary of Transportation of its intent to 

14 use its authority under this section and submits a quar15 terly report to the Secretary identifying the projects to 

16 which the funding would be applied. Notwithstanding the 

17 original period of availability of funds to be obligated 

18 under this section, such funds and associated obligation 

19 limitation shall remain available for obligation for a period 

20 of 3 fiscal years after the fiscal year in which the Sec21 retary of Transportation is notified. The Federal share of 

22 the cost of a project carried out with funds made available 

23 under this section shall be the same as associated with 

24 the earmark. 


pbinns on DSK79D2C42PROD with BILLS
465 

HR 21 PCS 

1 (b) In this section, the term ‘‘earmarked amount’’ 

2 means— 

3 (1) congressionally directed spending, as de4 fined in rule XLIV of the Standing Rules of the 

5 Senate, identified in a prior law, report, or joint ex6 planatory statement, which was authorized to be ap7 propriated or appropriated more than 10 fiscal years 

8 prior to the current fiscal year, and administered by 

9 the Federal Highway Administration; or 

10 (2) a congressional earmark, as defined in rule 

11 XXI of the Rules of the House of Representatives 

12 identified in a prior law, report, or joint explanatory 

13 statement, which was authorized to be appropriated 

14 or appropriated more than 10 fiscal years prior to 

15 the current fiscal year, and administered by the Fed16 eral Highway Administration. 

17 (c) The authority under subsection (a) may be exer18 cised only for those projects or activities that have obli19 gated less than 10 percent of the amount made available 

20 for obligation as of October 1 of the current fiscal year, 

21 and shall be applied to projects within the same general 

22 geographic area within 50 miles for which the funding was 

23 designated, except that a State or territory may apply 

24 such authority to unexpended balances of funds from 

25 projects or activities the State or territory certifies have 


pbinns on DSK79D2C42PROD with BILLS
466 

HR 21 PCS 

1 been closed and for which payments have been made under 

2 a final voucher. 

3 (d) The Secretary shall submit consolidated reports 

4 of the information provided by the States and territories 

5 each quarter to the House and Senate Committees on Ap6 propriations. 

7 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

8 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

9 (LIQUIDATION OF CONTRACT AUTHORIZATION)

10 (LIMITATION ON OBLIGATIONS)

11 (HIGHWAY TRUST FUND)

12 For payment of obligations incurred in the implemen13 tation, execution and administration of motor carrier safe14 ty operations and programs pursuant to section 31110 of 

15 title 49, United States Code, as amended by the Fixing 

16 America’s Surface Transportation Act, $284,000,000, to 

17 be derived from the Highway Trust Fund (other than the 

18 Mass Transit Account), together with advances and reim19 bursements received by the Federal Motor Carrier Safety 

20 Administration, the sum of which shall remain available 

21 until expended: Provided, That funds available for imple22 mentation, execution or administration of motor carrier 

23 safety operations and programs authorized under title 49, 

24 United States Code, shall not exceed total obligations of 

25 $284,000,000 for ‘‘Motor Carrier Safety Operations and 


pbinns on DSK79D2C42PROD with BILLS
467 

HR 21 PCS 

1 Programs’’ for fiscal year 2019, of which $9,073,000, to 

2 remain available for obligation until September 30, 2021, 

3 is for the research and technology program, and of which 

4 $34,824,000, to remain available for obligation until Sep5 tember 30, 2021, is for information management. 

6 MOTOR CARRIER SAFETY GRANTS

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (LIMITATION ON OBLIGATIONS)

9 (HIGHWAY TRUST FUND)

10 (INCLUDING TRANSFER OF FUNDS)

11 For payment of obligations incurred in carrying out 

12 sections 31102, 31103, 31104, and 31313 of title 49, 

13 United States Code, as amended by the Fixing America’s 

14 Surface Transportation Act, $382,800,000, to be derived 

15 from the Highway Trust Fund (other than the Mass Tran16 sit Account) and to remain available until expended: Pro17 vided, That funds available for the implementation or exe18 cution of motor carrier safety programs shall not exceed 

19 total obligations of $382,800,000 in fiscal year 2019 for 

20 ‘‘Motor Carrier Safety Grants’’; of which $304,300,000 

21 shall be available for the motor carrier safety assistance 

22 program, $32,500,000 shall be available for the commer23 cial driver’s license program implementation program, 

24 $44,000,000 shall be available for the high priority activi25 ties program, and $2,000,000 shall be made available for 


pbinns on DSK79D2C42PROD with BILLS
468 

HR 21 PCS 

1 commercial motor vehicle operators grants, of which 

2 $1,000,000 is to be made available from prior year unobli3 gated contract authority provided for Motor Carrier Safe4 ty grants in the Transportation Equity Act for the 21st 

5 Century (Public Law 105–178), SAFETEA–LU (Public 

6 Law 109–59), or other appropriations or authorization 

7 acts. 

8 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR

9 CARRIER SAFETY ADMINISTRATION

10 SEC. 130. Funds appropriated or limited in this Act 

11 shall be subject to the terms and conditions stipulated in 

12 section 350 of Public Law 107–87 and section 6901 of 

13 Public Law 110–28. 

14 SEC. 131. The Federal Motor Carrier Safety Admin15 istration shall send notice of 49 CFR section 385.308 vio16 lations by certified mail, registered mail, or another man17 ner of delivery, which records the receipt of the notice by 

18 the persons responsible for the violations. 

19 SEC. 132. To the maximum extent practicable, the 

20 Federal Motor Carrier Safety Administration shall ensure 

21 the safe and timely completion of the flexible sleeper berth 

22 pilot program of the Administration. 


pbinns on DSK79D2C42PROD with BILLS
469 

HR 21 PCS 

1 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

2 OPERATIONS AND RESEARCH

3 For expenses necessary to discharge the functions of 

4 the Secretary, with respect to traffic and highway safety 

5 authorized under chapter 301 and part C of subtitle VI 

6 of title 49, United States Code, $190,000,000, of which 

7 $40,000,000 shall remain available through September 

8 30, 2020. 

9 OPERATIONS AND RESEARCH

10 (LIQUIDATION OF CONTRACT AUTHORIZATION)

11 (LIMITATION ON OBLIGATIONS)

12 (HIGHWAY TRUST FUND)

13 For payment of obligations incurred in carrying out 

14 the provisions of 23 U.S.C. 403, section 4011 of the 

15 FAST Act (Public Law 114–94), and chapter 303 of title 

16 49, United States Code, $152,100,000, to be derived from 

17 the Highway Trust Fund (other than the Mass Transit 

18 Account) and to remain available until expended: Pro19 vided, That none of the funds in this Act shall be available 

20 for the planning or execution of programs the total obliga21 tions for which, in fiscal year 2019, are in excess of 

22 $152,100,000, of which $146,700,000 shall be for pro23 grams authorized under 23 U.S.C. 403 and $5,400,000 

24 shall be for the National Driver Register authorized under 

25 chapter 303 of title 49, United States Code: Provided furVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
470 

HR 21 PCS 

1 ther, That within the $152,100,000 obligation limitation 

2 for operations and research, $20,000,000 shall remain 

3 available until September 30, 2020, and shall be in addi4 tion to the amount of any limitation imposed on obliga5 tions for future years. 

6 HIGHWAY TRAFFIC SAFETY GRANTS

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (LIMITATION ON OBLIGATIONS)

9 (HIGHWAY TRUST FUND)

10 For payment of obligations incurred in carrying out 

11 provisions of 23 U.S.C. 402, 404, and 405, and section 

12 4001(a)(6) of the Fixing America’s Surface Transpor13 tation Act, to remain available until expended, 

14 $610,208,000, to be derived from the Highway Trust 

15 Fund (other than the Mass Transit Account): Provided, 

16 That none of the funds in this Act shall be available for 

17 the planning or execution of programs the total obligations 

18 for which, in fiscal year 2019, are in excess of 

19 $610,208,000 for programs authorized under 23 U.S.C. 

20 402, 404, and 405, and section 4001(a)(6) of the Fixing 

21 America’s Surface Transportation Act, of which 

22 $270,400,000 shall be for ‘‘Highway Safety Programs’’ 

23 under 23 U.S.C. 402; $283,000,000 shall be for ‘‘National 

24 Priority Safety Programs’’ under 23 U.S.C. 405; 

25 $30,200,000 shall be for ‘‘High Visibility Enforcement 


pbinns on DSK79D2C42PROD with BILLS
471 

HR 21 PCS 

1 Program’’ under 23 U.S.C. 404; and $26,608,000 shall 

2 be for ‘‘Administrative Expenses’’ under section 

3 4001(a)(6) of the Fixing America’s Surface Transpor4 tation Act: Provided further, That none of these funds 

5 shall be used for construction, rehabilitation, or remod6 eling costs, or for office furnishings and fixtures for State, 

7 local or private buildings or structures: Provided further, 

8 That not to exceed $500,000 of the funds made available 

9 for ‘‘National Priority Safety Programs’’ under 23 U.S.C. 

10 405 for ‘‘Impaired Driving Countermeasures’’ (as de11 scribed in subsection (d) of that section) shall be available 

12 for technical assistance to the States: Provided further, 

13 That with respect to the ‘‘Transfers’’ provision under 23 

14 U.S.C. 405(a)(8), any amounts transferred to increase the 

15 amounts made available under section 402 shall include 

16 the obligation authority for such amounts: Provided fur17 ther, That the Administrator shall notify the House and 

18 Senate Committees on Appropriations of any exercise of 

19 the authority granted under the previous proviso or under 

20 23 U.S.C. 405(a)(8) within 5 days. 

21 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

22 TRAFFIC SAFETY ADMINISTRATION

23 SEC. 140. An additional $130,000 shall be made 

24 available to the National Highway Traffic Safety Adminis25 tration, out of the amount limited for section 402 of title 


pbinns on DSK79D2C42PROD with BILLS
472 

HR 21 PCS 

1 23, United States Code, to pay for travel and related ex2 penses for State management reviews and to pay for core 

3 competency development training and related expenses for 

4 highway safety staff. 

5 SEC. 141. The limitations on obligations for the pro6 grams of the National Highway Traffic Safety Adminis7 tration set in this Act shall not apply to obligations for 

8 which obligation authority was made available in previous 

9 public laws but only to the extent that the obligation au10 thority has not lapsed or been used. 

11 SEC. 142. In addition to the amounts made available 

12 under the heading, ‘‘Operations and Research (Liquida13 tion of Contract Authorization) (Limitation on Obliga14 tions) (Highway Trust Fund)’’ for carrying out the provi15 sions of section 403 of title 23, United States Code, 

16 $4,000,000 shall be available to continue a high visibility 

17 enforcement paid-media campaign regarding highway-rail 

18 grade crossing safety in collaboration with the Federal 

19 Railroad Administration. 

20 FEDERAL RAILROAD ADMINISTRATION

21 SAFETY AND OPERATIONS

22 For necessary expenses of the Federal Railroad Ad23 ministration, not otherwise provided for, $221,698,000, of 

24 which $15,900,000 shall remain available until expended. 


pbinns on DSK79D2C42PROD with BILLS
473 

HR 21 PCS 

1 RAILROAD RESEARCH AND DEVELOPMENT

2 For necessary expenses for railroad research and de3 velopment, $40,600,000, to remain available until ex4 pended. 

5 RAILROAD REHABILITATION AND IMPROVEMENT

6 FINANCING PROGRAM

7 The Secretary of Transportation is authorized to 

8 issue direct loans and loan guarantees pursuant to sec9 tions 501 through 504 of the Railroad Revitalization and 

10 Regulatory Reform Act of 1976 (Public Law 94–210), as 

11 amended, such authority shall exist as long as any such 

12 direct loan or loan guarantee is outstanding. 

13 FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD

14 REPAIR

15 For necessary expenses related to Federal-State 

16 Partnership for State of Good Repair Grants as author17 ized by section 24911 of title 49, United States Code, 

18 $300,000,000, to remain available until expended: Pro19 vided, That the Secretary may withhold up to one percent 

20 of the amount provided under this heading for the costs 

21 of award and project management oversight of grants car22 ried out under section 24911 of title 49, United States 

23 Code: Provided further, That the Secretary shall issue the 

24 Notice of Funding Opportunity that encompasses funds 

25 provided under this heading in this Act and previously 


pbinns on DSK79D2C42PROD with BILLS
474 

HR 21 PCS 

1 unawarded funds provided under this heading in fiscal 

2 year 2017 by Public Law 115–31 and fiscal year 2018 

3 by Public Law 115–141, no later than 30 days after enact4 ment of this Act: Provided further, That the Secretary 

5 shall announce the selection of projects to receive awards 

6 for the funds in the previous proviso no later than 180 

7 days after enactment of this Act. 

8 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY

9 IMPROVEMENTS

10 For necessary expenses related to Consolidated Rail 

11 Infrastructure and Safety Improvements Grants, as au12 thorized by section 24407 of title 49, United States Code, 

13 $255,000,000, to remain available until expended: Pro14 vided, That section 24405(f) of title 49, United States 

15 Code, shall not apply to projects for the implementation 

16 of positive train control systems otherwise eligible under 

17 section 24407(c)(1) of title 49, United States Code: Pro18 vided further, That amounts available under this heading 

19 for projects selected for commuter rail passenger transpor20 tation may be transferred by the Secretary, after selection, 

21 to the appropriate agencies to be administered in accord22 ance with chapter 53 of title 49, United States Code: Pro23 vided further, That the Secretary shall not limit eligible 

24 projects from consideration for funding for planning, engi25 neering, environmental, construction, and design elements 


pbinns on DSK79D2C42PROD with BILLS
475 

HR 21 PCS 

1 of the same project in the same application: Provided fur2 ther, That unobligated balances remaining after 4 years 

3 from the date of enactment may be used for any eligible 

4 project under section 24407(c) of title 49, United States 

5 Code: Provided further, That the Secretary may withhold 

6 up to one percent of the amount provided under this head7 ing for the costs of award and project management over8 sight of grants carried out under section 24407 of title 

9 49, United States Code: Provided further, That the Sec10 retary shall issue the Notice of Funding Opportunity that 

11 encompasses previously unawarded funds provided under 

12 this heading in fiscal year 2018 by Public Law 115–141 

13 and funds provided under this heading in this Act no later 

14 than 30 days after enactment of this Act: Provided further, 

15 That the Secretary shall announce the selection of projects 

16 to receive awards for the funds in the previous proviso no 

17 later than 120 days after enactment of this Act. 

18 RESTORATION AND ENHANCEMENT

19 For necessary expenses related to Restoration and 

20 Enhancement Grants, as authorized by section 24408 of 

21 title 49, United States Code, $10,000,000, to remain 

22 available until expended: Provided, That the Secretary 

23 may withhold up to one percent of the funds provided 

24 under this heading to fund the costs of award and project 

25 management and oversight: Provided further, That the 


pbinns on DSK79D2C42PROD with BILLS
476 

HR 21 PCS 

1 Secretary shall issue the Notice of Funding Opportunity 

2 for funds provided under this heading no later than 30 

3 days after enactment of this Act: Provided further, That 

4 the Secretary shall announce the selection of projects to 

5 receive awards for the funds in the previous proviso no 

6 later than 120 days after enactment of this Act. 

7 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL

8 RAILROAD PASSENGER CORPORATION

9 To enable the Secretary of Transportation to make 

10 grants to the National Railroad Passenger Corporation for 

11 activities associated with the Northeast Corridor as au12 thorized by section 11101(a) of the Fixing America’s Sur13 face Transportation Act (division A of Public Law 114– 

14 94), $650,000,000, to remain available until expended: 

15 Provided, That the Secretary may retain up to one-half 

16 of 1 percent of the funds provided under both this heading 

17 and the ‘‘National Network Grants to the National Rail18 road Passenger Corporation’’ heading to fund the costs 

19 of project management and oversight of activities author20 ized by section 11101(c) of division A of Public Law 114– 

21 94: Provided further, That in addition to the project man22 agement oversight funds authorized under section 

23 11101(c) of division A of Public Law 114–94, the Sec24 retary may retain up to an additional $5,000,000 of the 

25 funds provided under this heading to fund expenses associVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
477 

HR 21 PCS 

1 ated with the Northeast Corridor Commission established 

2 under section 24905 of title 49, United States Code: Pro3 vided further, That of the amounts made available under 

4 this heading and the ‘‘National Network Grants to the Na5 tional Railroad Passenger Corporation’’ heading, not less 

6 than $50,000,000 shall be made available to bring Am7 trak-served facilities and stations into compliance with the 

8 Americans with Disabilities Act: Provided further, That of 

9 the amounts made available under this heading and the 

10 heading ‘‘National Network Grants to the National Rail11 road Passenger Corporation’’, not more than $500,000 

12 may be made available to provide a discount of not less 

13 than 15 percent on passenger fares to veterans (as defined 

14 in section 101 of title 38, United States Code). 

15 NATIONAL NETWORK GRANTS TO THE NATIONAL

16 RAILROAD PASSENGER CORPORATION

17 To enable the Secretary of Transportation to make 

18 grants to the National Railroad Passenger Corporation for 

19 activities associated with the National Network as author20 ized by section 11101(b) of the Fixing America’s Surface 

21 Transportation Act (division A of Public Law 114–94), 

22 $1,291,600,000, to remain available until expended: Pro23 vided, That the Secretary may retain up to an additional 

24 $2,000,000 of the funds provided under this heading to 

25 fund expenses associated with the State-Supported Route 


pbinns on DSK79D2C42PROD with BILLS
478 

HR 21 PCS 

1 Committee established under section 24712 of title 49, 

2 United States Code: Provided further, That at least 

3 $50,000,000 of the amount provided under this heading 

4 shall be available for the development, installation and op5 eration of railroad safety technology, including the imple6 mentation of a positive train control system, on State-sup7 ported routes as defined under section 24102(13) of title 

8 49, United States Code, on which positive train control 

9 systems are not required by law or regulation: Provided 

10 further, That not less than $50,000,000 of the amount 

11 provided under this heading shall be for capital expenses 

12 related to safety improvements, maintenance, and the non13 Federal match for discretionary Federal grant programs 

14 to enable continued passenger rail operations on long-dis15 tance routes (as defined in section 24102 of title 49, 

16 United States Code) on which Amtrak is the sole tenant 

17 of the host railroad and positive train control systems are 

18 not required by law (including regulations): Provided fur19 ther, That none of the funds provided under this heading 

20 shall be used by Amtrak to give notice under subsection 

21 (a) or (b) of section 24706 of title 49, United States Code, 

22 with respect to long-distance routes (as defined in section 

23 24102 of title 49, United States Code) on which Amtrak 

24 is the sole tenant of the host railroad and positive train 

25 control systems are not required by law (including regulaVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00478 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
479 

HR 21 PCS 

1 tions), or otherwise initiate discontinuance of, reduce the 

2 frequency of, suspend, or substantially alter the schedule 

3 or route of rail service on any portion of such route oper4 ated in fiscal year 2018, including implementation of serv5 ice permitted by section 24305(a)(3)(A) of title 49, United 

6 States Code, in lieu of rail service. 

7 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

8 ADMINISTRATION

9 SEC. 150. None of the funds provided to the National 

10 Railroad Passenger Corporation may be used to fund any 

11 overtime costs in excess of $35,000 for any individual em12 ployee: Provided, That the President of Amtrak may waive 

13 the cap set in the previous proviso for specific employees 

14 when the President of Amtrak determines such a cap 

15 poses a risk to the safety and operational efficiency of the 

16 system: Provided further, That the President of Amtrak 

17 shall report to the House and Senate Committees on Ap18 propriations within 60 days of enactment of this Act, a 

19 summary of all overtime payments incurred by the Cor20 poration for 2018 and the three prior calendar years: Pro21 vided further, That such summary shall include the total 

22 number of employees that received waivers and the total 

23 overtime payments the Corporation paid to those employ24 ees receiving waivers for each month for 2018 and for the 

25 three prior calendar years. 


pbinns on DSK79D2C42PROD with BILLS
480 

HR 21 PCS 

1 SEC. 151. It is the sense of Congress that— 

2 (1) long-distance passenger rail routes provide 

3 much-needed transportation access for 4,700,000 

4 riders in 325 communities in 40 States and are par5 ticularly important in rural areas; and 

6 (2) long-distance passenger rail routes and 

7 services should be sustained to ensure connectivity 

8 throughout the National Network (as defined in sec9 tion 24102 of title 49, United States Code). 

10 FEDERAL TRANSIT ADMINISTRATION

11 ADMINISTRATIVE EXPENSES

12 For necessary administrative expenses of the Federal 

13 Transit Administration’s programs authorized by chapter 

14 53 of title 49, United States Code, $113,165,000: Pro15 vided, That none of the funds provided or limited in this 

16 Act may be used to create a permanent office of transit 

17 security under this heading: Provided further, That upon 

18 submission to the Congress of the fiscal year 2020 Presi19 dent’s budget, the Secretary of Transportation shall trans20 mit to Congress the annual report on New Starts, includ21 ing proposed allocations for fiscal year 2020. 


pbinns on DSK79D2C42PROD with BILLS
481 

HR 21 PCS 

1 TRANSIT FORMULA GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in the Federal 

6 Public Transportation Assistance Program in this ac7 count, and for payment of obligations incurred in carrying 

8 out the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 

9 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 

10 5340, as amended by the Fixing America’s Surface Trans11 portation Act, section 20005(b) of Public Law 112–141, 

12 and section 3006(b) of the Fixing America’s Surface 

13 Transportation Act, $9,900,000,000, to be derived from 

14 the Mass Transit Account of the Highway Trust Fund 

15 and to remain available until expended: Provided, That 

16 funds available for the implementation or execution of pro17 grams authorized under 49 U.S.C. 5305, 5307, 5310, 

18 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, 

19 and 5340, as amended by the Fixing America’s Surface 

20 Transportation Act, section 20005(b) of Public Law 112– 

21 141, and section 3006(b) of the Fixing America’s Surface 

22 Transportation Act, shall not exceed total obligations of 

23 $9,939,380,030 in fiscal year 2019: Provided further, That 

24 the Federal share of the cost of activities carried out under 

25 49 U.S.C. section 5312 shall not exceed 80 percent, except 


pbinns on DSK79D2C42PROD with BILLS
482 

HR 21 PCS 

1 that if there is substantial public interest or benefit, the 

2 Secretary may approve a greater Federal share. 

3 TRANSIT INFRASTRUCTURE GRANTS

4 For an additional amount for buses and bus facilities 

5 grants under section 5339 of title 49, United States Code, 

6 state of good repair grants under section 5337 of such 

7 title, high density state apportionments under section 

8 5340(d) of such title, and the bus testing facilities under 

9 sections 5312 and 5318 of such title, $800,000,000 to re10 main available until expended: Provided, That 

11 $400,000,000 shall be available for grants as authorized 

12 under section 5339 of such title, of which $209,104,000 

13 shall be available for the buses and bus facilities formula 

14 grants as authorized under section 5339(a) of such title, 

15 $161,446,000 shall be available for the buses and bus fa16 cilities competitive grants as authorized under section 

17 5339(b) of such title, and $29,450,000 shall be available 

18 for the low or no emission grants as authorized under sec19 tion 5339(c) of such title: Provided further, That 

20 $362,000,000 shall be available for the state of good re21 pair grants as authorized under section 5337 of such title: 

22 Provided further, That $30,000,000 shall be available for 

23 the high density state apportionments as authorized under 

24 section 5340(d) of such title: Provided further, That 

25 $2,000,000 shall be available for the bus testing facility 


pbinns on DSK79D2C42PROD with BILLS
483 

HR 21 PCS 

1 as authorized under section 5318 of such title: Provided 

2 further, That notwithstanding section 5318(a) of such 

3 title, $6,000,000 shall be available for the operation and 

4 maintenance of bus testing facilities by institutions of 

5 higher education selected pursuant to section 5312(h) of 

6 such title: Provided further, That the Secretary shall enter 

7 into a contract or cooperative agreement with, or make 

8 a grant to, each institution of higher education selected 

9 pursuant to section 5312(h) of such title, to operate and 

10 maintain a facility to conduct the testing of low or no 

11 emission vehicle new bus models using the standards es12 tablished pursuant to section 5318(e)(2) of such title: Pro13 vided further, That the term ‘‘low or no emission vehicle’’ 

14 has the meaning given the term in section 5312(e)(6) of 

15 such title: Provided further, That the Secretary shall pay 

16 80 percent of the cost of testing a low or no emission vehi17 cle new bus model at each selected institution of higher 

18 education: Provided further, That the entity having the ve19 hicle tested shall pay 20 percent of the cost of testing: 

20 Provided further, That a low or no emission vehicle new 

21 bus model tested that receives a passing aggregate test 

22 score in accordance with the standards established under 

23 section 5318(e)(2) of such title, shall be deemed to be in 

24 compliance with the requirements of section 5318(e) of 

25 such title: Provided further, That amounts made available 


pbinns on DSK79D2C42PROD with BILLS
484 

HR 21 PCS 

1 by this heading shall be derived from the general fund: 

2 Provided further, That the amounts made available under 

3 this heading shall not be subject to any limitation on obli4 gations for transit programs set forth in any Act. 

5 TECHNICAL ASSISTANCE AND TRAINING

6 For necessary expenses to carry out 49 U.S.C. 5314, 

7 $5,000,000, of which up to $1,500,000 shall be for a coop8 erative agreement through which the Federal Transit Ad9 ministration assists small-urban, rural and tribal public 

10 transit recipients and planning organizations with applied 

11 innovation and capacity-building: Provided, That the as12 sistance provided under this heading not duplicate the ac13 tivities of 49 U.S.C. 5311(b) or 49 U.S.C. 5312. 

14 CAPITAL INVESTMENT GRANTS

15 For necessary expenses to carry out fixed guideway 

16 capital investment grants under section 5309 of title 49, 

17 United States Code, and section 3005(b) of the Fixing 

18 America’s Surface Transportation Act, $2,552,687,000, to 

19 remain available until September 30, 2022: Provided, 

20 That of the amounts made available under this heading, 

21 $1,315,670,000 shall be available for projects authorized 

22 under section 5309(d) of title 49, United States Code, 

23 $543,500,000 shall be available for projects authorized 

24 under section 5309(e) of title 49, United States Code, 

25 $568,000,000 shall be available for projects authorized 


pbinns on DSK79D2C42PROD with BILLS
485 

HR 21 PCS 

1 under section 5309(h) of title 49, United States Code, and 

2 $100,000,000 shall be available for projects authorized 

3 under section 3005(b) of the Fixing America’s Surface 

4 Transportation Act: Provided further, That the Secretary 

5 shall continue to administer the capital investment grants 

6 program in accordance with the procedural and sub7 stantive requirements of section 5309 of title 49, United 

8 States Code, and of section 3005(b) of the Fixing Amer9 ica’s Surface Transportation Act. 

10 GRANTS TO THE WASHINGTON METROPOLITAN AREA

11 TRANSIT AUTHORITY

12 For grants to the Washington Metropolitan Area 

13 Transit Authority as authorized under section 601 of divi14 sion B of Public Law 110–432, $150,000,000, to remain 

15 available until expended: Provided, That the Secretary of 

16 Transportation shall approve grants for capital and pre17 ventive maintenance expenditures for the Washington 

18 Metropolitan Area Transit Authority only after receiving 

19 and reviewing a request for each specific project: Provided 

20 further, That prior to approving such grants, the Secretary 

21 shall certify that the Washington Metropolitan Area Tran22 sit Authority is making progress to improve its safety 

23 management system in response to the Federal Transit 

24 Administration’s 2015 safety management inspection: 

25 Provided further, That the Secretary shall determine that 


pbinns on DSK79D2C42PROD with BILLS
486 

HR 21 PCS 

1 the Washington Metropolitan Area Transit Authority has 

2 placed the highest priority on those investments that will 

3 improve the safety of the system before approving such 

4 grants: Provided further, That the Secretary, in order to 

5 ensure safety throughout the rail system, may waive the 

6 requirements of section 601(e)(1) of division B of Public 

7 Law 110–432. 

8 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

9 ADMINISTRATION

10 (INCLUDING RESCISSION)

11 SEC. 160. The limitations on obligations for the pro12 grams of the Federal Transit Administration shall not 

13 apply to any authority under 49 U.S.C. 5338, previously 

14 made available for obligation, or to any other authority 

15 previously made available for obligation. 

16 SEC. 161. Notwithstanding any other provision of 

17 law, any funds appropriated before October 1, 2018, under 

18 any section of chapter 53 of title 49, United States Code, 

19 that remain available for expenditure, may be transferred 

20 to and administered under the most recent appropriation 

21 heading for any such section. 

22 SEC. 162. Of the unobligated amounts made available 

23 for fiscal years 2005 or prior fiscal years to ‘‘Transit For24 mula Grants’’, a total of $46,560,000 is hereby perma25 nently rescinded. 


pbinns on DSK79D2C42PROD with BILLS
487 

HR 21 PCS 

1 SEC. 163. None of the funds made available under 

2 this Act may be used for the implementation or further3 ance of new policies detailed in the ‘‘Dear Colleague’’ let4 ter distributed by the Federal Transit Administration to 

5 capital investment grant program project sponsors on 

6 June 29, 2018. 

7 SAINT LAWRENCE SEAWAY DEVELOPMENT

8 CORPORATION

9 The Saint Lawrence Seaway Development Corpora10 tion is hereby authorized to make such expenditures, with11 in the limits of funds and borrowing authority available 

12 to the Corporation, and in accord with law, and to make 

13 such contracts and commitments without regard to fiscal 

14 year limitations, as provided by section 104 of the Govern15 ment Corporation Control Act, as amended, as may be 

16 necessary in carrying out the programs set forth in the 

17 Corporation’s budget for the current fiscal year. 

18 OPERATIONS AND MAINTENANCE

19 (HARBOR MAINTENANCE TRUST FUND)

20 For necessary expenses to conduct the operations, 

21 maintenance, and capital asset renewal activities on those 

22 portions of the Saint Lawrence Seaway owned, operated, 

23 and maintained by the Saint Lawrence Seaway Develop24 ment Corporation, $36,000,000, to be derived from the 

25 Harbor Maintenance Trust Fund, pursuant to Public Law 


pbinns on DSK79D2C42PROD with BILLS
488 

HR 21 PCS 

1 99–662: Provided, That of the amounts made available 

2 under this heading, not less than $16,000,000 shall be 

3 used on capital asset renewal activities. 

4 MARITIME ADMINISTRATION

5 MARITIME SECURITY PROGRAM

6 For necessary expenses to maintain and preserve a 

7 U.S.-flag merchant fleet to serve the national security 

8 needs of the United States, $300,000,000, to remain avail9 able until expended. 

10 OPERATIONS AND TRAINING

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses of operations and training ac13 tivities authorized by law, $149,442,000, to remain avail14 able until September 30, 2020, of which $71,000,000 shall 

15 be for the operations of the United States Merchant Ma16 rine Academy, and of which $18,000,000 shall remain 

17 available until expended for the maintenance and repair, 

18 equipment, and capital improvements at the United States 

19 Merchant Marine Academy: Provided, That not later than 

20 January 12, 2020, the Administrator of the Maritime Ad21 ministration shall transmit to the House and Senate Com22 mittees on Appropriations the annual report on sexual as23 sault and sexual harassment at the United States Mer24 chant Marine Academy as required pursuant to section 

25 3507 of Public Law 110–417: Provided further, That of 


pbinns on DSK79D2C42PROD with BILLS
489 

HR 21 PCS 

1 the amounts made available under this heading, 

2 $3,000,000 shall be for the Maritime Environment and 

3 Technology Assistance program authorized under section 

4 50307 of title 46, United States Code: Provided further, 

5 That of the amounts made available under this heading, 

6 $7,000,000, shall remain available until expended for the 

7 Short Sea Transportation Program (America’s Marine 

8 Highways) to make grants for the purposes authorized 

9 under sections 55601(b)(1) and (3) of title 46, United 

10 States Code: Provided further, That available balances 

11 under this heading for the Short Sea Transportation Pro12 gram (America’s Marine Highways) from prior year recov13 eries shall be available to carry out activities authorized 

14 under sections 55601(b)(1) and (3) of title 46, United 

15 States Code: Provided further, That from funds provided 

16 under the previous two provisos, the Secretary of Trans17 portation shall make grants no later than 180 days after 

18 enactment of this Act in such amounts as the Secretary 

19 determines: Provided further, That any unobligated bal20 ances available from previous appropriations for programs 

21 and activities supporting State Maritime Academies shall 

22 be transferred to and merged with the appropriations for 

23 ‘‘Maritime Administration, State Maritime Academy Op24 erations’’ and shall be made available for the same pur25 poses. 


pbinns on DSK79D2C42PROD with BILLS
490 

HR 21 PCS 

1 STATE MARITIME ACADEMY OPERATIONS

2 For necessary expenses of operations, support and 

3 training activities for State Maritime Academies, 

4 $340,200,000, of which $30,000,000, to remain available 

5 until expended, shall be for maintenance, repair, life exten6 sion, and capacity improvement of National Defense Re7 serve Fleet training ships in support of State Maritime 

8 Academies, as well as other expenses related to training 

9 mariners, as determined by the Secretary, of which 

10 $300,000,000, to remain available until expended shall be 

11 for the National Security Multi-Mission Vessel Program, 

12 including funds for construction, planning, administration, 

13 and design of school ships, of which $2,400,000 shall re14 main available through September 30, 2020, for the Stu15 dent Incentive Program, of which $1,800,000 shall remain 

16 available until expended for training ship fuel assistance, 

17 and of which $6,000,000 shall remain available until Sep18 tember 30, 2020, for direct payments for State Maritime 

19 Academies. 

20 ASSISTANCE TO SMALL SHIPYARDS

21 To make grants to qualified shipyards as authorized 

22 under section 54101 of title 46, United States Code, as 

23 amended by Public Law 113–281, $20,000,000, to remain 

24 available until expended. 


pbinns on DSK79D2C42PROD with BILLS
491 

HR 21 PCS 

1 SHIP DISPOSAL

2 For necessary expenses related to the disposal of ob3 solete vessels in the National Defense Reserve Fleet of the 

4 Maritime Administration, $5,000,000, to remain available 

5 until expended. 

6 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

7 ACCOUNT

8 (INCLUDING TRANSFER OF FUNDS)

9 For administrative expenses to carry out the guaran10 teed loan program, $3,000,000, which shall be transferred 

11 to and merged with the appropriations for ‘‘Operations 

12 and Training’’, Maritime Administration. 

13 ADMINISTRATIVE PROVISIONS—MARITIME

14 ADMINISTRATION

15 SEC. 170. Notwithstanding any other provision of 

16 this Act, in addition to any existing authority, the Mari17 time Administration is authorized to furnish utilities and 

18 services and make necessary repairs in connection with 

19 any lease, contract, or occupancy involving Government 

20 property under control of the Maritime Administration: 

21 Provided, That payments received therefor shall be cred22 ited to the appropriation charged with the cost thereof and 

23 shall remain available until expended: Provided further, 

24 That rental payments under any such lease, contract, or 

25 occupancy for items other than such utilities, services, or 


pbinns on DSK79D2C42PROD with BILLS
492 

HR 21 PCS 

1 repairs shall be covered into the Treasury as miscellaneous 

2 receipts. 

3 PIPELINE AND HAZARDOUS MATERIALS SAFETY

4 ADMINISTRATION

5 OPERATIONAL EXPENSES

6 For necessary operational expenses of the Pipeline 

7 and Hazardous Materials Safety Administration, 

8 $23,710,000: Provided, That the Secretary of Transpor9 tation shall issue a final rule to expand the applicability 

10 of comprehensive oil spill response plans within 45 days 

11 of enactment of this Act: Provided further, That the 

12 amounts appropriated under this heading shall be reduced 

13 by $100,000 per day for each day that such rule has not 

14 been issued following the expiration of the period set forth 

15 in the previous proviso. 

16 HAZARDOUS MATERIALS SAFETY

17 For expenses necessary to discharge the hazardous 

18 materials safety functions of the Pipeline and Hazardous 

19 Materials Safety Administration, $58,000,000, of which 

20 $7,570,000 shall remain available until September 30, 

21 2021: Provided, That up to $800,000 in fees collected 

22 under 49 U.S.C. 5108(g) shall be deposited in the general 

23 fund of the Treasury as offsetting receipts: Provided fur24 ther, That there may be credited to this appropriation, to 

25 remain available until expended, funds received from 


pbinns on DSK79D2C42PROD with BILLS
493 

HR 21 PCS 

1 States, counties, municipalities, other public authorities, 

2 and private sources for expenses incurred for training, for 

3 reports publication and dissemination, and for travel ex4 penses incurred in the performance of hazardous materials 

5 exemptions and approvals functions. 

6 PIPELINE SAFETY

7 (PIPELINE SAFETY FUND)

8 (OIL SPILL LIABILITY TRUST FUND)

9 For expenses necessary to conduct the functions of 

10 the pipeline safety program, for grants-in-aid to carry out 

11 a pipeline safety program, as authorized by 49 U.S.C. 

12 60107, and to discharge the pipeline program responsibil13 ities of the Oil Pollution Act of 1990, $165,000,000, to 

14 remain available until September 30, 2021, of which 

15 $23,000,000 shall be derived from the Oil Spill Liability 

16 Trust Fund; of which $134,000,000 shall be derived from 

17 the Pipeline Safety Fund; and of which $8,000,000 shall 

18 be derived from fees collected under 49 U.S.C. 60302 and 

19 deposited in the Underground Natural Gas Storage Facil20 ity Safety Account for the purpose of carrying out 49 

21 U.S.C. 60141: Provided, That not less than $1,058,000 

22 of the funds provided under this heading shall be for the 

23 one-call state grant program. 


pbinns on DSK79D2C42PROD with BILLS
494 

HR 21 PCS 

1 EMERGENCY PREPAREDNESS GRANTS

2 (EMERGENCY PREPAREDNESS FUND)

3 Notwithstanding the fiscal year limitation specified in 

4 49 U.S.C. 5116, not more than $28,318,000 shall remain 

5 available until September 30, 2021, from amounts made 

6 available by 49 U.S.C. 5116(h), 5128(b), and 5128(c): 

7 Provided, That notwithstanding 49 U.S.C. 5116(h)(4), not 

8 more than 4 percent of the amounts made available from 

9 this account shall be available to pay administrative costs: 

10 Provided further, That none of the funds made available 

11 by 49 U.S.C. 5116(h), 5128(b), or 5128(c) shall be made 

12 available for obligation by individuals other than the Sec13 retary of Transportation, or his or her designee. 

14 OFFICE OF INSPECTOR GENERAL

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of the Inspector 

17 General to carry out the provisions of the Inspector Gen18 eral Act of 1978, as amended, $92,600,000: Provided, 

19 That the Inspector General shall have all necessary au20 thority, in carrying out the duties specified in the Inspec21 tor General Act, as amended (5 U.S.C. App. 3), to inves22 tigate allegations of fraud, including false statements to 

23 the government (18 U.S.C. 1001), by any person or entity 

24 that is subject to regulation by the Department of Trans25 portation: Provided further, That the funds made available 


pbinns on DSK79D2C42PROD with BILLS
495 

HR 21 PCS 

1 under this heading may be used to investigate, pursuant 

2 to section 41712 of title 49, United States Code: (1) un3 fair or deceptive practices and unfair methods of competi4 tion by domestic and foreign air carriers and ticket agents; 

5 and (2) the compliance of domestic and foreign air carriers 

6 with respect to item (1) of this proviso. 

7 GENERAL PROVISIONS—DEPARTMENT OF

8 TRANSPORTATION

9 SEC. 180. (a) During the current fiscal year, applica10 ble appropriations to the Department of Transportation 

11 shall be available for maintenance and operation of air12 craft; hire of passenger motor vehicles and aircraft; pur13 chase of liability insurance for motor vehicles operating 

14 in foreign countries on official department business; and 

15 uniforms or allowances therefor, as authorized by law (5 

16 U.S.C. 5901–5902). 

17 (b) During the current fiscal year, applicable appro18 priations to the Department and its operating administra19 tions shall be available for the purchase, maintenance, op20 eration, and deployment of unmanned aircraft systems 

21 that advance the Department’s, or its operating adminis22 trations’, missions. 

23 (c) Any unmanned aircraft system purchased or pro24 cured by the Department prior to the enactment of this 

25 Act shall be deemed authorized. 


pbinns on DSK79D2C42PROD with BILLS
496 

HR 21 PCS 

1 SEC. 181. Appropriations contained in this Act for 

2 the Department of Transportation shall be available for 

3 services as authorized by 5 U.S.C. 3109, but at rates for 

4 individuals not to exceed the per diem rate equivalent to 

5 the rate for an Executive Level IV. 

6 SEC. 182. (a) No recipient of funds made available 

7 in this Act shall disseminate personal information (as de8 fined in 18 U.S.C. 2725(3)) obtained by a State depart9 ment of motor vehicles in connection with a motor vehicle 

10 record as defined in 18 U.S.C. 2725(1), except as provided 

11 in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 

12 2721. 

13 (b) Notwithstanding subsection (a), the Secretary 

14 shall not withhold funds provided in this Act for any 

15 grantee if a State is in noncompliance with this provision. 

16 SEC. 183. None of the funds in this Act shall be avail17 able for salaries and expenses of more than 110 political 

18 and Presidential appointees in the Department of Trans19 portation: Provided, That none of the personnel covered 

20 by this provision may be assigned on temporary detail out21 side the Department of Transportation. 

22 SEC. 184. Funds received by the Federal Highway 

23 Administration and Federal Railroad Administration from 

24 States, counties, municipalities, other public authorities, 

25 and private sources for expenses incurred for training may 


pbinns on DSK79D2C42PROD with BILLS
497 

HR 21 PCS 

1 be credited respectively to the Federal Highway Adminis2 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed3 eral Railroad Administration’s ‘‘Safety and Operations’’ 

4 account, except for State rail safety inspectors partici5 pating in training pursuant to 49 U.S.C. 20105. 

6 SEC. 185. (a) None of the funds provided in this Act 

7 to the Department of Transportation may be used to make 

8 a loan, loan guarantee, line of credit, or discretionary 

9 grant unless the Secretary of Transportation notifies the 

10 House and Senate Committees on Appropriations not less 

11 than 3 full business days before any project competitively 

12 selected to receive any discretionary grant award, letter 

13 of intent, loan commitment, loan guarantee commitment, 

14 line of credit commitment, or full funding grant agreement 

15 is announced by the Department or its modal administra16 tions: Provided, That the Secretary gives concurrent noti17 fication to the House and Senate Committees on Appro18 priations for any ‘‘quick release’’ of funds from the emer19 gency relief program: Provided further, That no notifica20 tion shall involve funds that are not available for obliga21 tion. 

22 (b) In addition to the notification required in sub23 section (a), none of the funds made available in this Act 

24 to the Department of Transportation may be used to make 

25 a loan, loan guarantee, line of credit, cooperative agreeVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
498 

HR 21 PCS 

1 ment or discretionary grant unless the Secretary of Trans2 portation provides the House and Senate Committees on 

3 Appropriations a comprehensive list of all such loans, loan 

4 guarantees, lines of credit, cooperative agreement or dis5 cretionary grants that will be announced not less the 3 

6 full business days before such announcement: Provided, 

7 That the requirement to provide a list in this subsection 

8 does not apply to any ‘‘quick release’’ of funds from the 

9 emergency relief program: Provided further, That no list 

10 shall involve funds that are not available for obligation. 

11 SEC. 186. Rebates, refunds, incentive payments, 

12 minor fees and other funds received by the Department 

13 of Transportation from travel management centers, 

14 charge card programs, the subleasing of building space, 

15 and miscellaneous sources are to be credited to appropria16 tions of the Department of Transportation and allocated 

17 to elements of the Department of Transportation using 

18 fair and equitable criteria and such funds shall be avail19 able until expended. 

20 SEC. 187. Amounts made available in this or any 

21 prior Act that the Secretary determines represent im22 proper payments by the Department of Transportation to 

23 a third-party contractor under a financial assistance 

24 award, which are recovered pursuant to law, shall be avail25 able— 


pbinns on DSK79D2C42PROD with BILLS
499 

HR 21 PCS 

1 (1) to reimburse the actual expenses incurred 

2 by the Department of Transportation in recovering 

3 improper payments: Provided, That amounts made 

4 available in this Act shall be available until ex5 pended; and 

6 (2) to pay contractors for services provided in 

7 recovering improper payments or contractor support 

8 in the implementation of the Improper Payments In9 formation Act of 2002: Provided, That amounts in 

10 excess of that required for paragraphs (1) and (2)— 

11 (A) shall be credited to and merged with 

12 the appropriation from which the improper pay13 ments were made, and shall be available for the 

14 purposes and period for which such appropria15 tions are available: Provided further, That 

16 where specific project or accounting information 

17 associated with the improper payment or pay18 ments is not readily available, the Secretary 

19 may credit an appropriate account, which shall 

20 be available for the purposes and period associ21 ated with the account so credited; or 

22 (B) if no such appropriation remains avail23 able, shall be deposited in the Treasury as mis24 cellaneous receipts: Provided further, That prior 

25 to the transfer of any such recovery to an apVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
500 

HR 21 PCS 

1 propriations account, the Secretary shall notify 

2 the House and Senate Committees on Appro3 priations of the amount and reasons for such 

4 transfer: Provided further, That for purposes of 

5 this section, the term ‘‘improper payments’’ has 

6 the same meaning as that provided in section 

7 2(d)(2) of Public Law 107–300. 

8 SEC. 188. Notwithstanding any other provision of 

9 law, if any funds provided in or limited by this Act are 

10 subject to a reprogramming action that requires notice to 

11 be provided to the House and Senate Committees on Ap12 propriations, transmission of said reprogramming notice 

13 shall be provided solely to the House and Senate Commit14 tees on Appropriations, and said reprogramming action 

15 shall be approved or denied solely by the House and Sen16 ate Committees on Appropriations: Provided, That the 

17 Secretary of Transportation may provide notice to other 

18 congressional committees of the action of the House and 

19 Senate Committees on Appropriations on such reprogram20 ming but not sooner than 30 days following the date on 

21 which the reprogramming action has been approved or de22 nied by the House and Senate Committees on Appropria23 tions. 

24 SEC. 189. Funds appropriated in this Act to the 

25 modal administrations may be obligated for the Office of 


pbinns on DSK79D2C42PROD with BILLS
501 

HR 21 PCS 

1 the Secretary for the costs related to assessments or reim2 bursable agreements only when such amounts are for the 

3 costs of goods and services that are purchased to provide 

4 a direct benefit to the applicable modal administration or 

5 administrations. 

6 SEC. 190. The Secretary of Transportation is author7 ized to carry out a program that establishes uniform 

8 standards for developing and supporting agency transit 

9 pass and transit benefits authorized under section 7905 

10 of title 5, United States Code, including distribution of 

11 transit benefits by various paper and electronic media. 

12 SEC. 191. The Department of Transportation may 

13 use funds provided by this Act, or any other Act, to assist 

14 a contract under title 49 U.S.C. or title 23 U.S.C. utilizing 

15 geographic, economic, or any other hiring preference not 

16 otherwise authorized by law, or to amend a rule, regula17 tion, policy or other measure that forbids a recipient of 

18 a Federal Highway Administration or Federal Transit Ad19 ministration grant from imposing such hiring preference 

20 on a contract or construction project with which the De21 partment of Transportation is assisting, only if the grant 

22 recipient certifies the following: 

23 (1) that except with respect to apprentices or 

24 trainees, a pool of readily available but unemployed 

25 individuals possessing the knowledge, skill, and abilVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
502 

HR 21 PCS 

1 ity to perform the work that the contract requires 

2 resides in the jurisdiction; 

3 (2) that the grant recipient will include appro4 priate provisions in its bid document ensuring that 

5 the contractor does not displace any of its existing 

6 employees in order to satisfy such hiring preference; 

7 and 

8 (3) that any increase in the cost of labor, train9 ing, or delays resulting from the use of such hiring 

10 preference does not delay or displace any transpor11 tation project in the applicable Statewide Transpor12 tation Improvement Program or Transportation Im13 provement Program. 

14 SEC. 192. Not later than 90 days after the date of 

15 enactment of this Act, the Secretary of Transportation 

16 shall submit to the Committees on Appropriations and 

17 Commerce, Science, and Transportation of the Senate and 

18 the Committees on Appropriations and Transportation 

19 and Infrastructure of the House of Representatives a re20 port on efforts by the Department of Transportation to 

21 engage with local communities, metropolitan planning or22 ganizations, and regional transportation commissions on 

23 advancing data and intelligent transportation systems 

24 technologies and other smart cities solutions. 


pbinns on DSK79D2C42PROD with BILLS
503 

HR 21 PCS 

1 SEC. 193. The Secretary of Transportation shall con2 sult with the Assistant Secretary of the Army for Civil 

3 Works to identify any existing authorities and any addi4 tional authorities that may be needed to leverage funds 

5 from Department of Transportation programs for pur6 poses of inland waterway project costs. 

7 SEC. 194. (a) Subject to subsections (c) and (d), none 

8 of the funds appropriated or otherwise made available to 

9 the Department of Transportation by this or any other 

10 Act may be obligated or expended to enforce or require 

11 the enforcement of section 127(a) of title 23, United 

12 States Code, with respect to a segment described in para13 graph (1) or (2) of subsection (b) if the segment is des14 ignated as a route of the Interstate System. 

15 (b) The segments referred to in subsection (a) are 

16 the following: 

17 (1) The William H. Natcher Parkway (to be 

18 designated as a spur of Interstate Route 65) from 

19 Interstate Route 65 in Bowling Green, Kentucky, to 

20 United States Route 60 in Owensboro, Kentucky. 

21 (2) The Julian M. Carroll (Purchase) Parkway 

22 (to be designated as Interstate Route 69) in the 

23 State of Kentucky from the Tennessee State line to 

24 the interchange with Interstate Route 24, near Cal25 vert City, Kentucky. 


pbinns on DSK79D2C42PROD with BILLS
504 

HR 21 PCS 

1 (c) Only a vehicle that could operate legally on a seg2 ment described in paragraph (1) or (2) of subsection (b) 

3 before the date of designation of the segment as a route 

4 of the Interstate System may continue to operate on that 

5 segment, subject to the condition that, except as provided 

6 in subsection (d), the gross vehicle weight of such a vehicle 

7 shall not exceed 120,000 pounds. 

8 (d) Nothing in this section prohibits a State from 

9 issuing a permit for a nondivisible load or vehicle with a 

10 gross vehicle weight that exceeds 120,000 pounds. 

11 SEC. 195. None of the funds appropriated or other12 wise made available to the Department of Transportation 

13 may be obligated or expended to implement, administer, 

14 or enforce the requirements of section 31137 of title 49, 

15 United States Code, or any regulation issued by the Sec16 retary pursuant to such section, with respect to the use 

17 of electronic logging devices by operators of commercial 

18 motor vehicles, as defined in section 31132(1) of such 

19 title, transporting livestock, as defined in section 602 of 

20 the Emergency Livestock Feed Assistance Act of 1988 (7 

21 U.S.C. 1471) or insects. 

22 SEC. 196. (a) None of the funds appropriated or oth23 erwise made available to the Federal Transit Administra24 tion under this title to carry out sections 5307, 5311, 

25 5337, and 5339 of title 49, United States Code, may be 


pbinns on DSK79D2C42PROD with BILLS
505 

HR 21 PCS 

1 used in awarding a contract or subcontract to an entity 

2 on or after the date of enactment of this Act for the pro3 curement of rolling stock for use in public transportation 

4 if the manufacturer of the rolling stock is incorporated 

5 in or has manufacturing facilities in the United States and 

6 receives support from the government of a country that— 

7 (1) is identified as a nonmarket economy coun8 try (as defined in section 771(18) of the Tariff Act 

9 of 1930 (19 U.S.C. 1677(18))) as of the date of en10 actment of this Act; 

11 (2) was identified by the United States Trade 

12 Representative in the most recent report required by 

13 section 182 of the Trade Act of 1974 (19 U.S.C. 

14 2242) as a priority foreign country under subsection 

15 (a)(2) of that section; and 

16 (3) is subject to monitoring by the Trade Rep17 resentative under section 306 of the Trade Act of 

18 1974 (19 U.S.C. 2416). 

19 (b) This section shall be applied in a manner con20 sistent with the obligations of the United States under 

21 international agreements. 

22 (c)(1) This section shall not apply to the award of 

23 a contract or subcontract made by a public transportation 

24 agency with a rail rolling stock manufacturer described in 

25 subsection (a) if the manufacturer produces rail rolling 


pbinns on DSK79D2C42PROD with BILLS
506 

HR 21 PCS 

1 stock for an eligible public transportation agency through 

2 a contract executed prior to the date of enactment of this 

3 Act. 

4 (2) A rail rolling stock manufacturer described in 

5 subsection (a) may not use funds provided under a con6 tract or subcontract described in paragraph (1) to expand 

7 the manufacturer’s production of rail rolling stock within 

8 the United States to an amount of rolling stock vehicles 

9 or railcars that is greater than the amount required under 

10 contractual obligations of the manufacturer as of the date 

11 of enactment of this Act including all options for addi12 tional rolling stock. 

13 (d) Nothing in this section shall be construed to apply 

14 to funds that are not appropriated or otherwise made 

15 available to the Federal Transit Administration under this 

16 title. 

17 This title may be cited as the ‘‘Department of Trans18 portation Appropriations Act, 2019’’. 

19 TITLE II 

20 DEPARTMENT OF HOUSING AND URBAN 

21 DEVELOPMENT 

22 MANAGEMENT AND ADMINISTRATION

23 EXECUTIVE OFFICES

24 For necessary salaries and expenses for Executive Of25 fices, which shall be comprised of the offices of the SecVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00506 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
507 

HR 21 PCS 

1 retary, Deputy Secretary, Adjudicatory Services, Congres2 sional and Intergovernmental Relations, Public Affairs, 

3 Small and Disadvantaged Business Utilization, and the 

4 Center for Faith-Based and Neighborhood Partnerships, 

5 $14,898,000: Provided, That not to exceed $25,000 of the 

6 amount made available under this heading shall be avail7 able to the Secretary for official reception and representa8 tion expenses as the Secretary may determine. 

9 ADMINISTRATIVE SUPPORT OFFICES

10 For necessary salaries and expenses for Administra11 tive Support Offices, $556,000,000, of which $76,600,000 

12 shall be available for the Office of the Chief Financial Offi13 cer, (and of which $25,000,000, to remain available until 

14 September 30, 2021, shall be for the financial trans15 formation initiative); $98,000,000 shall be available for 

16 the Office of the General Counsel, of which not less than 

17 $15,000,000 shall be for the Departmental Enforcement 

18 Center; $213,300,000 shall be available for the Office of 

19 Administration; $40,200,000 shall be available for the Of20 fice of the Chief Human Capital Officer; $54,000,000 

21 shall be available for the Office of Field Policy and Man22 agement; $20,000,000 shall be available for the Office of 

23 the Chief Procurement Officer; $3,600,000 shall be avail24 able for the Office of Departmental Equal Employment 

25 Opportunity; $4,300,000 shall be available for the Office 


pbinns on DSK79D2C42PROD with BILLS
508 

HR 21 PCS 

1 of Business Transformation; and $46,00,000 shall be 

2 available for the Office of the Chief Information Officer: 

3 Provided, That funds provided under this heading may be 

4 used for necessary administrative and non-administrative 

5 expenses of the Department of Housing and Urban Devel6 opment, not otherwise provided for, including purchase of 

7 uniforms, or allowances therefor, as authorized by 5 

8 U.S.C. 5901–5902; hire of passenger motor vehicles; and 

9 services as authorized by 5 U.S.C. 3109: Provided further, 

10 That notwithstanding any other provision of law, funds 

11 appropriated under this heading may be used for adver12 tising and promotional activities that directly support pro13 gram activities funded in this title: Provided further, That 

14 the Secretary shall provide the House and Senate Commit15 tees on Appropriations quarterly written notification re16 garding the status of pending congressional reports: Pro17 vided further, That the Secretary shall provide in elec18 tronic form all signed reports required by Congress: Pro19 vided further, That not more than 10 percent of the funds 

20 made available under this heading for the Office of Chief 

21 Financial Officer for the financial transformation initia22 tive may be obligated until the Secretary submits to the 

23 House and Senate Committees on Appropriations, for ap24 proval, a plan for expenditure that includes the financial 

25 and internal control capabilities to be delivered and the 


pbinns on DSK79D2C42PROD with BILLS
509 

HR 21 PCS 

1 mission benefits to be realized, key milestones to be met, 

2 and the relationship between the proposed use of funds 

3 made available under this heading and the projected total 

4 cost and scope of the initiative. 

5 PROGRAM OFFICE SALARIES AND EXPENSES

6 PUBLIC AND INDIAN HOUSING

7 For necessary salaries and expenses of the Office of 

8 Public and Indian Housing, $222,000,000. 

9 COMMUNITY PLANNING AND DEVELOPMENT

10 For necessary salaries and expenses of the Office of 

11 Community Planning and Development, $110,000,000. 

12 HOUSING

13 For necessary salaries and expenses of the Office of 

14 Housing, $390,000,000, of which not less than 

15 $12,500,000 shall be for the Office of Recapitalization. 

16 POLICY DEVELOPMENT AND RESEARCH

17 For necessary salaries and expenses of the Office of 

18 Policy Development and Research, $26,000,000. 

19 FAIR HOUSING AND EQUAL OPPORTUNITY

20 For necessary salaries and expenses of the Office of 

21 Fair Housing and Equal Opportunity, $71,500,000. 

22 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

23 HOMES

24 For necessary salaries and expenses of the Office of 

25 Lead Hazard Control and Healthy Homes, $7,800,000. 


pbinns on DSK79D2C42PROD with BILLS
510 

HR 21 PCS 

1 WORKING CAPITAL FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the working capital fund for the Department of 

4 Housing and Urban Development (referred to in this para5 graph as the ‘‘Fund’’), pursuant, in part, to section 7(f) 

6 of the Department of Housing and Urban Development 

7 Act (42 U.S.C. 3535(f)), amounts transferred, including 

8 reimbursements pursuant to section 7(f), to the Fund 

9 under this heading shall be available for Federal shared 

10 services used by offices and agencies of the Department, 

11 and for such portion of any office or agency’s printing, 

12 records management, space renovation, furniture, or sup13 ply services as the Secretary determines shall be derived 

14 from centralized sources made available by the Depart15 ment to all offices and agencies and funded through the 

16 Fund: Provided, That of the amounts made available in 

17 this title for salaries and expenses under the headings 

18 ‘‘Executive Offices’’, ‘‘Administrative Support Offices’’, 

19 ‘‘Program Office Salaries and Expenses’’, and ‘‘Govern20 ment National Mortgage Association’’, the Secretary shall 

21 transfer to the Fund such amounts, to remain available 

22 until expended, as are necessary to fund services, specified 

23 in the matter preceding the first proviso, for which the 

24 appropriation would otherwise have been available, and 

25 may transfer not to exceed an additional $5,000,000, in 


pbinns on DSK79D2C42PROD with BILLS
511 

HR 21 PCS 

1 aggregate, from all such appropriations, to be merged with 

2 the Fund and to remain available until expended for any 

3 purpose under this heading: Provided further, That 

4 amounts in the Fund shall be the only amounts available 

5 to each office or agency of the Department for the serv6 ices, or portion of services, specified in the matter pre7 ceding the first proviso: Provided further, That with re8 spect to the Fund, the authorities and conditions under 

9 this heading shall supplement the authorities and condi10 tions provided under section 7(f). 

11 PUBLIC AND INDIAN HOUSING

12 TENANT-BASED RENTAL ASSISTANCE

13 For activities and assistance for the provision of ten14 ant-based rental assistance authorized under the United 

15 States Housing Act of 1937, as amended (42 U.S.C. 1437 

16 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

17 $18,780,987,000, to remain available until expended, shall 

18 be available on October 1, 2018 (in addition to the 

19 $4,000,000,000 previously appropriated under this head20 ing that shall be available on October 1, 2018), and 

21 $4,000,000,000, to remain available until expended, shall 

22 be available on October 1, 2019: Provided, That the 

23 amounts made available under this heading are provided 

24 as follows: 


pbinns on DSK79D2C42PROD with BILLS
512 

HR 21 PCS 

1 (1) $20,520,000,000 shall be available for re2 newals of expiring section 8 tenant-based annual 

3 contributions contracts (including renewals of en4 hanced vouchers under any provision of law author5 izing such assistance under section 8(t) of the Act) 

6 and including renewal of other special purpose incre7 mental vouchers: Provided, That notwithstanding 

8 any other provision of law, from amounts provided 

9 under this paragraph and any carryover, the Sec10 retary for the calendar year 2019 funding cycle shall 

11 provide renewal funding for each public housing 

12 agency based on validated voucher management sys13 tem (VMS) leasing and cost data for the prior cal14 endar year and by applying an inflation factor as es15 tablished by the Secretary, by notice published in 

16 the Federal Register, and by making any necessary 

17 adjustments for the costs associated with the first18 time renewal of vouchers under this paragraph in19 cluding tenant protection and Choice Neighborhoods 

20 vouchers: Provided further, That none of the funds 

21 provided under this paragraph may be used to fund 

22 a total number of unit months under lease which ex23 ceeds a public housing agency’s authorized level of 

24 units under contract, except for public housing agen25 cies participating in the MTW demonstration, which 


pbinns on DSK79D2C42PROD with BILLS
513 

HR 21 PCS 

1 are instead governed by the terms and conditions of 

2 their MTW agreements: Provided further, That the 

3 Secretary shall, to the extent necessary to stay with4 in the amount specified under this paragraph (ex5 cept as otherwise modified under this paragraph), 

6 prorate each public housing agency’s allocation oth7 erwise established pursuant to this paragraph: Pro8 vided further, That except as provided in the fol9 lowing provisos, the entire amount specified under 

10 this paragraph (except as otherwise modified under 

11 this paragraph) shall be obligated to the public hous12 ing agencies based on the allocation and pro rata 

13 method described above, and the Secretary shall no14 tify public housing agencies of their annual budget 

15 by the latter of 60 days after enactment of this Act 

16 or March 1, 2019: Provided further, That the Sec17 retary may extend the notification period with the 

18 prior written approval of the House and Senate 

19 Committees on Appropriations: Provided further, 

20 That public housing agencies participating in the 

21 MTW demonstration shall be funded pursuant to 

22 their MTW agreements and shall be subject to the 

23 same pro rata adjustments under the previous pro24 visos: Provided further, That the Secretary may off25 set public housing agencies’ calendar year 2019 alloVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
514 

HR 21 PCS 

1 cations based on the excess amounts of public hous2 ing agencies’ net restricted assets accounts, includ3 ing HUD-held programmatic reserves (in accordance 

4 with VMS data in calendar year 2018 that is 

5 verifiable and complete), as determined by the Sec6 retary: Provided further, That public housing agen7 cies participating in the MTW demonstration shall 

8 also be subject to the offset, as determined by the 

9 Secretary, excluding amounts subject to the single 

10 fund budget authority provisions of their MTW 

11 agreements, from the agencies’ calendar year 2019 

12 MTW funding allocation: Provided further, That the 

13 Secretary shall use any offset referred to in the pre14 vious two provisos throughout the calendar year to 

15 prevent the termination of rental assistance for fam16 ilies as the result of insufficient funding, as deter17 mined by the Secretary, and to avoid or reduce the 

18 proration of renewal funding allocations: Provided 

19 further, That up to $100,000,000 shall be available 

20 only: (1) for adjustments in the allocations for public 

21 housing agencies, after application for an adjust22 ment by a public housing agency that experienced a 

23 significant increase, as determined by the Secretary, 

24 in renewal costs of vouchers resulting from unfore25 seen circumstances or from portability under section 


pbinns on DSK79D2C42PROD with BILLS
515 

HR 21 PCS 

1 8(r) of the Act; (2) for vouchers that were not in use 

2 during the previous 12-month period in order to be 

3 available to meet a commitment pursuant to section 

4 8(o)(13) of the Act; (3) for adjustments for costs as5 sociated with HUD–Veterans Affairs Supportive 

6 Housing (HUD–VASH) vouchers; and (4) for public 

7 housing agencies that despite taking reasonable cost 

8 savings measures, as determined by the Secretary, 

9 would otherwise be required to terminate rental as10 sistance for families as a result of insufficient fund11 ing: Provided further, That the Secretary shall allo12 cate amounts under the previous proviso based on 

13 need, as determined by the Secretary; 

14 (2) $85,000,000 shall be for section 8 rental as15 sistance for relocation and replacement of housing 

16 units that are demolished or disposed of pursuant to 

17 section 18 of the Act, conversion of section 23 

18 projects to assistance under section 8, the family 

19 unification program under section 8(x) of the Act, 

20 relocation of witnesses in connection with efforts to 

21 combat crime in public and assisted housing pursu22 ant to a request from a law enforcement or prosecu23 tion agency, enhanced vouchers under any provision 

24 of law authorizing such assistance under section 8(t) 

25 of the Act, Choice Neighborhood vouchers, mandaVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
516 

HR 21 PCS 

1 tory and voluntary conversions, and tenant protec2 tion assistance including replacement and relocation 

3 assistance or for project-based assistance to prevent 

4 the displacement of unassisted elderly tenants cur5 rently residing in section 202 properties financed be6 tween 1959 and 1974 that are refinanced pursuant 

7 to Public Law 106–569, as amended, or under the 

8 authority as provided under this Act: Provided, That 

9 when a public housing development is submitted for 

10 demolition or disposition under section 18 of the 

11 Act, the Secretary may provide section 8 rental as12 sistance when the units pose an imminent health 

13 and safety risk to residents: Provided further, That 

14 the Secretary may only provide replacement vouch15 ers for units that were occupied within the previous 

16 24 months that cease to be available as assisted 

17 housing, subject only to the availability of funds: 

18 Provided further, That of the amounts made avail19 able under this paragraph, $5,000,000 may be avail20 able to provide tenant protection assistance, not oth21 erwise provided under this paragraph, to residents 

22 residing in low vacancy areas and who may have to 

23 pay rents greater than 30 percent of household in24 come, as the result of: (A) the maturity of a HUD25 insured, HUD-held or section 202 loan that requires 


pbinns on DSK79D2C42PROD with BILLS
517 

HR 21 PCS 

1 the permission of the Secretary prior to loan prepay2 ment; (B) the expiration of a rental assistance con3 tract for which the tenants are not eligible for en4 hanced voucher or tenant protection assistance 

5 under existing law; or (C) the expiration of afford6 ability restrictions accompanying a mortgage or 

7 preservation program administered by the Secretary: 

8 Provided further, That such tenant protection assist9 ance made available under the previous proviso may 

10 be provided under the authority of section 8(t) or 

11 section 8(o)(13) of the United States Housing Act 

12 of 1937 (42 U.S.C. 1437f(t)): Provided further, That 

13 the Secretary shall issue guidance to implement the 

14 previous provisos, including, but not limited to, re15 quirements for defining eligible at-risk households 

16 within 60 days of the enactment of this Act: Pro17 vided further, That any tenant protection voucher 

18 made available from amounts under this paragraph 

19 shall not be reissued by any public housing agency, 

20 except the replacement vouchers as defined by the 

21 Secretary by notice, when the initial family that re22 ceived any such voucher no longer receives such 

23 voucher, and the authority for any public housing 

24 agency to issue any such voucher shall cease to exist: 

25 Provided further, That the Secretary may provide 


pbinns on DSK79D2C42PROD with BILLS
518 

HR 21 PCS 

1 section 8 rental assistance from amounts made 

2 available under this paragraph for units assisted 

3 under a project-based subsidy contract funded under 

4 the ‘‘Project-Based Rental Assistance’’ heading 

5 under this title where the owner has received a No6 tice of Default and the units pose an imminent 

7 health and safety risk to residents: Provided further, 

8 That to the extent that the Secretary determines 

9 that such units are not feasible for continued rental 

10 assistance payments or transfer of the subsidy con11 tract associated with such units to another project 

12 or projects and owner or owners, any remaining 

13 amounts associated with such units under such con14 tract shall be recaptured and used to reimburse 

15 amounts used under this paragraph for rental assist16 ance under the preceding proviso; 

17 (3) $1,956,987,000 shall be for administrative 

18 and other expenses of public housing agencies in ad19 ministering the section 8 tenant-based rental assist20 ance program, of which up to $30,000,000 shall be 

21 available to the Secretary to allocate to public hous22 ing agencies that need additional funds to admin23 ister their section 8 programs, including fees associ24 ated with section 8 tenant protection rental assist25 ance, the administration of disaster related vouchers, 


pbinns on DSK79D2C42PROD with BILLS
519 

HR 21 PCS 

1 HUD–VASH vouchers, and other special purpose in2 cremental vouchers: Provided, That no less than 

3 $1,926,987,000 of the amount provided in this para4 graph shall be allocated to public housing agencies 

5 for the calendar year 2019 funding cycle based on 

6 section 8(q) of the Act (and related Appropriation 

7 Act provisions) as in effect immediately before the 

8 enactment of the Quality Housing and Work Re9 sponsibility Act of 1998 (Public Law 105–276): Pro10 vided further, That if the amounts made available 

11 under this paragraph are insufficient to pay the 

12 amounts determined under the previous proviso, the 

13 Secretary may decrease the amounts allocated to 

14 agencies by a uniform percentage applicable to all 

15 agencies receiving funding under this paragraph or 

16 may, to the extent necessary to provide full payment 

17 of amounts determined under the previous proviso, 

18 utilize unobligated balances, including recaptures 

19 and carryovers, remaining from funds appropriated 

20 to the Department of Housing and Urban Develop21 ment under this heading from prior fiscal years, ex22 cluding special purpose vouchers, notwithstanding 

23 the purposes for which such amounts were appro24 priated: Provided further, That all public housing 

25 agencies participating in the MTW demonstration 


pbinns on DSK79D2C42PROD with BILLS
520 

HR 21 PCS 

1 shall be funded pursuant to their MTW agreements, 

2 and shall be subject to the same uniform percentage 

3 decrease as under the previous proviso: Provided fur4 ther, That amounts provided under this paragraph 

5 shall be only for activities related to the provision of 

6 tenant-based rental assistance authorized under sec7 tion 8, including related development activities; 

8 (4) $154,000,000 for the renewal of tenant9 based assistance contracts under section 811 of the 

10 Cranston-Gonzalez National Affordable Housing Act 

11 (42 U.S.C. 8013), including necessary administra12 tive expenses: Provided, That administrative and 

13 other expenses of public housing agencies in admin14 istering the special purpose vouchers in this para15 graph shall be funded under the same terms and be 

16 subject to the same pro rata reduction as the per17 cent decrease for administrative and other expenses 

18 to public housing agencies under paragraph (3) of 

19 this heading: Provided further, That any amounts 

20 provided under this paragraph in this Act or prior 

21 Acts, remaining available after funding renewals and 

22 administrative expenses under this paragraph, shall 

23 be available for incremental tenant-based assistance 

24 contracts under such section 811, including nec25 essary administrative expenses; 


pbinns on DSK79D2C42PROD with BILLS
521 

HR 21 PCS 

1 (5) $5,000,000 shall be for rental assistance 

2 and associated administrative fees for Tribal HUD– 

3 VASH to serve Native American veterans that are 

4 homeless or at-risk of homelessness living on or near 

5 a reservation or other Indian areas: Provided, That 

6 such amount shall be made available for renewal 

7 grants to recipients that received assistance under 

8 prior Acts under the Tribal HUD–VASH program: 

9 Provided further, That the Secretary shall be author10 ized to specify criteria for renewal grants, including 

11 data on the utilization of assistance reported by 

12 grant recipients: Provided further, That such assist13 ance shall be administered in accordance with pro14 gram requirements under the Native American 

15 Housing Assistance and Self-Determination Act of 

16 1996 and modeled after the HUD–VASH program: 

17 Provided further, That the Secretary shall be author18 ized to waive, or specify alternative requirements for 

19 any provision of any statute or regulation that the 

20 Secretary administers in connection with the use of 

21 funds made available under this paragraph (except 

22 for requirements related to fair housing, non23 discrimination, labor standards, and the environ24 ment), upon a finding by the Secretary that any 

25 such waivers or alternative requirements are necVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
522 

HR 21 PCS 

1 essary for the effective delivery and administration 

2 of such assistance: Provided further, That grant re3 cipients shall report to the Secretary on utilization 

4 of such rental assistance and other program data, as 

5 prescribed by the Secretary: Provided further, That 

6 the Secretary may reallocate, as determined by the 

7 Secretary, amounts returned or recaptured from 

8 awards under prior acts; 

9 (6) $40,000,000 for incremental rental voucher 

10 assistance for use through a supported housing pro11 gram administered in conjunction with the Depart12 ment of Veterans Affairs as authorized under section 

13 8(o)(19) of the United States Housing Act of 1937: 

14 Provided, That the Secretary of Housing and Urban 

15 Development shall make such funding available, not16 withstanding section 203 (competition provision) of 

17 this title, to public housing agencies that partner 

18 with eligible VA Medical Centers or other entities as 

19 designated by the Secretary of the Department of 

20 Veterans Affairs, based on geographical need for 

21 such assistance as identified by the Secretary of the 

22 Department of Veterans Affairs, public housing 

23 agency administrative performance, and other fac24 tors as specified by the Secretary of Housing and 

25 Urban Development in consultation with the SecVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
523 

HR 21 PCS 

1 retary of the Department of Veterans Affairs: Pro2 vided further, That the Secretary of Housing and 

3 Urban Development may waive, or specify alter4 native requirements for (in consultation with the 

5 Secretary of the Department of Veterans Affairs), 

6 any provision of any statute or regulation that the 

7 Secretary of Housing and Urban Development ad8 ministers in connection with the use of funds made 

9 available under this paragraph (except for require10 ments related to fair housing, nondiscrimination, 

11 labor standards, and the environment), upon a find12 ing by the Secretary that any such waivers or alter13 native requirements are necessary for the effective 

14 delivery and administration of such voucher assist15 ance: Provided further, That assistance made avail16 able under this paragraph shall continue to remain 

17 available for homeless veterans upon turn-over; 

18 (7) $20,000,000 shall be made available for 

19 new incremental voucher assistance through the 

20 family unification program as authorized by section 

21 8(x) of the Act: Provided, That the assistance made 

22 available under this paragraph shall continue to re23 main available for family unification upon turnover: 

24 Provided further, That for any public housing agency 

25 administering voucher assistance appropriated in a 


pbinns on DSK79D2C42PROD with BILLS
524 

HR 21 PCS 

1 prior Act under the family unification program that 

2 determines that it no longer has an identified need 

3 for such assistance upon turnover, such agency shall 

4 notify the Secretary, and the Secretary shall recap5 ture such assistance from the agency and reallocate 

6 it to any other public housing agency or agencies 

7 based on need for voucher assistance in connection 

8 with such program; and 

9 (8) the Secretary shall separately track all spe10 cial purpose vouchers funded under this heading. 

11 HOUSING CERTIFICATE FUND

12 (INCLUDING RESCISSIONS)

13 Unobligated balances, including recaptures and car14 ryover, remaining from funds appropriated to the Depart15 ment of Housing and Urban Development under this 

16 heading, the heading ‘‘Annual Contributions for Assisted 

17 Housing’’ and the heading ‘‘Project-Based Rental Assist18 ance’’, for fiscal year 2019 and prior years may be used 

19 for renewal of or amendments to section 8 project-based 

20 contracts and for performance-based contract administra21 tors, notwithstanding the purposes for which such funds 

22 were appropriated: Provided, That any obligated balances 

23 of contract authority from fiscal year 1974 and prior that 

24 have been terminated shall be rescinded: Provided further, 

25 That amounts heretofore recaptured, or recaptured during 


pbinns on DSK79D2C42PROD with BILLS
525 

HR 21 PCS 

1 the current fiscal year, from section 8 project-based con2 tracts from source years fiscal year 1975 through fiscal 

3 year 1987 are hereby rescinded, and an amount of addi4 tional new budget authority, equivalent to the amount re5 scinded is hereby appropriated, to remain available until 

6 expended, for the purposes set forth under this heading, 

7 in addition to amounts otherwise available. 

8 PUBLIC HOUSING CAPITAL FUND

9 For the Public Housing Capital Fund Program to 

10 carry out capital and management activities for public 

11 housing agencies, as authorized under section 9 of the 

12 United States Housing Act of 1937 (42 U.S.C. 1437g) 

13 (the ‘‘Act’’) $2,775,000,000, to remain available until 

14 September 30, 2022: Provided, That notwithstanding any 

15 other provision of law or regulation, during fiscal year 

16 2019, the Secretary of Housing and Urban Development 

17 may not delegate to any Department official other than 

18 the Deputy Secretary and the Assistant Secretary for 

19 Public and Indian Housing any authority under paragraph 

20 (2) of section 9(j) regarding the extension of the time peri21 ods under such section: Provided further, That for pur22 poses of such section 9(j), the term ‘‘obligate’’ means, with 

23 respect to amounts, that the amounts are subject to a 

24 binding agreement that will result in outlays, immediately 

25 or in the future: Provided further, That up to $14,000,000 


pbinns on DSK79D2C42PROD with BILLS
526 

HR 21 PCS 

1 shall be to support ongoing public housing financial and 

2 physical assessment activities: Provided further, That up 

3 to $1,000,000 shall be to support the costs of administra4 tive and judicial receiverships: Provided further, That of 

5 the total amount provided under this heading, not to ex6 ceed $25,000,000 shall be available for the Secretary to 

7 make grants, notwithstanding section 203 of this Act, to 

8 public housing agencies for emergency capital needs in9 cluding safety and security measures necessary to address 

10 crime and drug-related activity as well as needs resulting 

11 from unforeseen or unpreventable emergencies and nat12 ural disasters excluding Presidentially declared emer13 gencies and natural disasters under the Robert T. Stafford 

14 Disaster Relief and Emergency Act (42 U.S.C. 5121 et 

15 seq.) occurring in fiscal year 2019: Provided further, That 

16 of the amount made available under the previous proviso, 

17 not less than $5,000,000 shall be for safety and security 

18 measures: Provided further, That in addition to the 

19 amount in the previous proviso for such safety and secu20 rity measures, any amounts that remain available, after 

21 all applications received on or before September 30, 2020, 

22 for emergency capital needs have been processed, shall be 

23 allocated to public housing agencies for such safety and 

24 security measures: Provided further, That of the total 

25 amount provided under this heading, up to $35,000,000 


pbinns on DSK79D2C42PROD with BILLS
527 

HR 21 PCS 

1 shall be for supportive services, service coordinators and 

2 congregate services as authorized by section 34 of the Act 

3 (42 U.S.C. 1437z–6) and the Native American Housing 

4 Assistance and Self-Determination Act of 1996 (25 U.S.C. 

5 4101 et seq.): Provided further, That of the total amount 

6 made available under this heading, $15,000,000 shall be 

7 for a Jobs-Plus initiative modeled after the Jobs-Plus 

8 demonstration: Provided further, That funding provided 

9 under the previous proviso shall be available for competi10 tive grants to partnerships between public housing au11 thorities, local workforce investment boards established 

12 under section 107 of the Workforce Innovation and Oppor13 tunity Act of 2014 (29 U.S.C. 3122), and other agencies 

14 and organizations that provide support to help public 

15 housing residents obtain employment and increase earn16 ings: Provided further, That applicants must demonstrate 

17 the ability to provide services to residents, partner with 

18 workforce investment boards, and leverage service dollars: 

19 Provided further, That the Secretary may allow public 

20 housing agencies to request exemptions from rent and in21 come limitation requirements under sections 3 and 6 of 

22 the United States Housing Act of 1937 (42 U.S.C. 1437a 

23 and 1437d), as necessary to implement the Jobs-Plus pro24 gram, on such terms and conditions as the Secretary may 

25 approve upon a finding by the Secretary that any such 


pbinns on DSK79D2C42PROD with BILLS
528 

HR 21 PCS 

1 waivers or alternative requirements are necessary for the 

2 effective implementation of the Jobs-Plus initiative as a 

3 voluntary program for residents: Provided further, That 

4 the Secretary shall publish by notice in the Federal Reg5 ister any waivers or alternative requirements pursuant to 

6 the preceding proviso no later than 10 days before the ef7 fective date of such notice: Provided further, That for 

8 funds provided under this heading, the limitation in sec9 tion 9(g)(1) of the Act shall be 25 percent: Provided fur10 ther, That the Secretary may waive the limitation in the 

11 previous proviso to allow public housing agencies to fund 

12 activities authorized under section 9(e)(1)(C) of the Act: 

13 Provided further, That the Secretary shall notify public 

14 housing agencies requesting waivers under the previous 

15 proviso if the request is approved or denied within 14 days 

16 of submitting the request: Provided further, That from the 

17 funds made available under this heading, the Secretary 

18 shall provide bonus awards in fiscal year 2019 to public 

19 housing agencies that are designated high performers: 

20 Provided further, That the Department shall notify public 

21 housing agencies of their formula allocation within 60 

22 days of enactment of this Act: Provided further, That of 

23 the total amount provided under this heading, 

24 $25,000,000 shall be available for competitive grants to 

25 public housing agencies to evaluate and reduce lead-based 


pbinns on DSK79D2C42PROD with BILLS
529 

HR 21 PCS 

1 paint hazards in public housing by carrying out the activi2 ties of risk assessments, abatement, and interim controls 

3 (as those terms are defined in section 1004 of the Residen4 tial Lead-Based Paint Hazard Reduction Act of 1992 (42 

5 U.S.C. 4851b)): Provided further, That for purposes of en6 vironmental review, a grant under the previous proviso 

7 shall be considered funds for projects or activities under 

8 title I of the United States Housing Act of 1937 (42 

9 U.S.C. 1437 et seq.) for purposes of section 26 of such 

10 Act (42 U.S.C. 1437x) and shall be subject to the regula11 tions implementing such section. 

12 PUBLIC HOUSING OPERATING FUND

13 For 2019 payments to public housing agencies for the 

14 operation and management of public housing, as author15 ized by section 9(e) of the United States Housing Act of 

16 1937 (42 U.S.C. 1437g(e)), $4,756,000,000, to remain 

17 available until September 30, 2020. 

18 CHOICE NEIGHBORHOODS INITIATIVE

19 For competitive grants under the Choice Neighbor20 hoods Initiative (subject to section 24 of the United States 

21 Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise 

22 specified under this heading), for transformation, rehabili23 tation, and replacement housing needs of both public and 

24 HUD-assisted housing and to transform neighborhoods of 

25 poverty into functioning, sustainable mixed income neighVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00529 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
530 

HR 21 PCS 

1 borhoods with appropriate services, schools, public assets, 

2 transportation and access to jobs, $100,000,000, to re3 main available until September 30, 2021: Provided, That 

4 grant funds may be used for resident and community serv5 ices, community development, and affordable housing 

6 needs in the community, and for conversion of vacant or 

7 foreclosed properties to affordable housing: Provided fur8 ther, That the use of funds made available under this 

9 heading shall not be deemed to be public housing notwith10 standing section 3(b)(1) of such Act: Provided further, 

11 That grantees shall commit to an additional period of af12 fordability determined by the Secretary of not fewer than 

13 20 years: Provided further, That grantees shall provide a 

14 match in State, local, other Federal or private funds: Pro15 vided further, That grantees may include local govern16 ments, tribal entities, public housing authorities, and non17 profits: Provided further, That for-profit developers may 

18 apply jointly with a public entity: Provided further, That 

19 for purposes of environmental review, a grantee shall be 

20 treated as a public housing agency under section 26 of 

21 the United States Housing Act of 1937 (42 U.S.C. 

22 1437x), and grants under this heading shall be subject 

23 to the regulations issued by the Secretary to implement 

24 such section: Provided further, That of the amount pro25 vided, not less than $50,000,000 shall be awarded to pubVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
531 

HR 21 PCS 

1 lic housing agencies: Provided further, That such grantees 

2 shall create partnerships with other local organizations in3 cluding assisted housing owners, service agencies, and 

4 resident organizations: Provided further, That the Sec5 retary shall consult with the Secretaries of Education, 

6 Labor, Transportation, Health and Human Services, Agri7 culture, and Commerce, the Attorney General, and the Ad8 ministrator of the Environmental Protection Agency to co9 ordinate and leverage other appropriate Federal resources: 

10 Provided further, That no more than $5,000,000 of funds 

11 made available under this heading may be provided as 

12 grants to undertake comprehensive local planning with 

13 input from residents and the community: Provided further, 

14 That unobligated balances, including recaptures, remain15 ing from funds appropriated under the heading ‘‘Revital16 ization of Severely Distressed Public Housing (HOPE 

17 VI)’’ in fiscal year 2011 and prior fiscal years may be used 

18 for purposes under this heading, notwithstanding the pur19 poses for which such amounts were appropriated: Provided 

20 further, That the Secretary shall issue the Notice of Fund21 ing Availability for funds made available under this head22 ing no later than 60 days after enactment of this Act: Pro23 vided further, That the Secretary shall make grant awards 

24 no later than one year from the date of enactment of this 

25 Act in such amounts that the Secretary determines: ProVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00531 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
532 

HR 21 PCS 

1 vided further, That notwithstanding section 24(o) of the 

2 United States Housing Act of 1937 (42 U.S.C. 1437v(o)), 

3 the Secretary may, until September 30, 2019, obligate any 

4 available unobligated balances made available under this 

5 heading in this, or any prior Act. 

6 FAMILY SELF-SUFFICIENCY

7 For the Family Self-Sufficiency program to support 

8 family self-sufficiency coordinators under section 23 of the 

9 United States Housing Act of 1937, to promote the devel10 opment of local strategies to coordinate the use of assist11 ance under sections 8(o) and 9 of such Act with public 

12 and private resources, and enable eligible families to 

13 achieve economic independence and self-sufficiency, 

14 $80,000,000, to remain available until September 30, 

15 2020: Provided, That the Secretary may, by Federal Reg16 ister notice, waive or specify alternative requirements 

17 under subsections b(3), b(4), b(5), or c(1) of section 23 

18 of such Act in order to facilitate the operation of a unified 

19 self-sufficiency program for individuals receiving assist20 ance under different provisions of the Act, as determined 

21 by the Secretary: Provided further, That owners of a pri22 vately owned multifamily property with a section 8 con23 tract may voluntarily make a Family Self-Sufficiency pro24 gram available to the assisted tenants of such property 

25 in accordance with procedures established by the SecVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
533 

HR 21 PCS 

1 retary: Provided further, That such procedures established 

2 pursuant to the previous proviso shall permit participating 

3 tenants to accrue escrow funds in accordance with section 

4 23(d)(2) and shall allow owners to use funding from resid5 ual receipt accounts to hire coordinators for their own 

6 Family Self-Sufficiency program. 

7 NATIVE AMERICAN HOUSING BLOCK GRANTS

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Native American Housing Block Grants pro10 gram, as authorized under title I of the Native American 

11 Housing Assistance and Self-Determination Act of 1996 

12 (NAHASDA) (25 U.S.C. 4111 et seq.), $655,000,000, to 

13 remain available until September 30, 2023: Provided, 

14 That, notwithstanding NAHASDA, to determine the 

15 amount of the allocation under title I of such Act for each 

16 Indian tribe, the Secretary shall apply the formula under 

17 section 302 of such Act with the need component based 

18 on single-race census data and with the need component 

19 based on multi-race census data, and the amount of the 

20 allocation for each Indian tribe shall be the greater of the 

21 two resulting allocation amounts: Provided further, That 

22 of the amounts made available under this heading, 

23 $7,000,000 shall be for providing training and technical 

24 assistance to Indian housing authorities and tribally des25 ignated housing entities, to support the inspection of InVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00533 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
534 

HR 21 PCS 

1 dian housing units, contract expertise, and for training 

2 and technical assistance related to funding provided under 

3 this heading and other headings under this Act for the 

4 needs of Native American families and Indian country: 

5 Provided further, That amounts made available under the 

6 previous proviso may be used, contracted, or competed as 

7 determined by the Secretary: Provided further, That of the 

8 amount provided under this heading, $2,000,000 shall be 

9 made available for the cost of guaranteed notes and other 

10 obligations, as authorized by title VI of NAHASDA: Pro11 vided further, That such costs, including the costs of modi12 fying such notes and other obligations, shall be as defined 

13 in section 502 of the Congressional Budget Act of 1974, 

14 as amended: Provided further, That these funds are avail15 able to subsidize the total principal amount of any notes 

16 and other obligations, any part of which is to be guaran17 teed, not to exceed $17,761,989: Provided further, That 

18 the Department will notify grantees of their formula allo19 cation within 60 days of the date of enactment of this Act: 

20 Provided further, That for an additional amount for the 

21 Native American Housing Block Grants program, as au22 thorized under title I of NAHASDA, $100,000,000 to re23 main available until September 30, 2023: Provided further, 

24 That the Secretary shall obligate this additional amount 

25 for competitive grants to eligible recipients authorized 


pbinns on DSK79D2C42PROD with BILLS
535 

HR 21 PCS 

1 under NAHASDA that apply for funds: Provided further, 

2 That in awarding this additional amount, the Secretary 

3 shall consider need and administrative capacity, and shall 

4 give priority to projects that will spur construction and 

5 rehabilitation: Provided further, That up to 1 percent of 

6 this additional amount may be transferred, in aggregate, 

7 to ‘‘Program Office Salaries and Expenses—Public and 

8 Indian Housing’’ for necessary costs of administering and 

9 overseeing the obligation and expenditure of this addi10 tional amount: Provided further, That any funds trans11 ferred pursuant to the previous proviso shall remain avail12 able until September 30, 2024. 

13 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

14 ACCOUNT

15 For the cost of guaranteed loans, as authorized by 

16 section 184 of the Housing and Community Development 

17 Act of 1992 (12 U.S.C. 1715z–13a), $1,440,000, to re18 main available until expended: Provided, That such costs, 

19 including the costs of modifying such loans, shall be as 

20 defined in section 502 of the Congressional Budget Act 

21 of 1974: Provided further, That these funds are available 

22 to subsidize total loan principal, any part of which is to 

23 be guaranteed, up to $553,846,154, to remain available 

24 until expended: Provided further, That up to $750,000 of 

25 this amount may be for administrative contract expenses 


pbinns on DSK79D2C42PROD with BILLS
536 

HR 21 PCS 

1 including management processes and systems to carry out 

2 the loan guarantee program. 

3 NATIVE HAWAIIAN HOUSING BLOCK GRANT

4 For the Native Hawaiian Housing Block Grant pro5 gram, as authorized under title VIII of the Native Amer6 ican Housing Assistance and Self-Determination Act of 

7 1996 (25 U.S.C. 4111 et seq.), $2,000,000, to remain 

8 available until September 30, 2023: Provided, That not9 withstanding section 812(b) of such Act, the Department 

10 of Hawaiian Home Lands may not invest grant amounts 

11 provided under this heading in investment securities and 

12 other obligations: Provided further, That amounts made 

13 available under this heading in this and prior fiscal years 

14 may be used to provide rental assistance to eligible Native 

15 Hawaiian families both on and off the Hawaiian Home 

16 Lands, notwithstanding any other provision of law. 

17 COMMUNITY PLANNING AND DEVELOPMENT

18 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

19 For carrying out the Housing Opportunities for Per20 sons with AIDS program, as authorized by the AIDS 

21 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

22 $375,000,000, to remain available until September 30, 

23 2020, except that amounts allocated pursuant to section 

24 854(c)(5) of such Act shall remain available until Sep25 tember 30, 2021: Provided, That the Secretary shall renew 


pbinns on DSK79D2C42PROD with BILLS
537 

HR 21 PCS 

1 all expiring contracts for permanent supportive housing 

2 that initially were funded under section 854(c)(5) of such 

3 Act from funds made available under this heading in fiscal 

4 year 2010 and prior fiscal years that meet all program 

5 requirements before awarding funds for new contracts 

6 under such section: Provided further, That the Depart7 ment shall notify grantees of their formula allocation with8 in 60 days of enactment of this Act. 

9 COMMUNITY DEVELOPMENT FUND

10 For assistance to units of State and local govern11 ment, and to other entities, for economic and community 

12 development activities, and for other purposes, 

13 $3,365,000,000, to remain available until September 30, 

14 2021, unless otherwise specified: Provided, That of the 

15 total amount provided, $3,300,000,000 is for carrying out 

16 the community development block grant program under 

17 title I of the Housing and Community Development Act 

18 of 1974, as amended (‘‘the Act’’ herein) (42 U.S.C. 5301 

19 et seq.): Provided further, That unless explicitly provided 

20 for under this heading, not to exceed 20 percent of any 

21 grant made with funds appropriated under this heading 

22 shall be expended for planning and management develop23 ment and administration: Provided further, That a metro24 politan city, urban county, unit of general local govern25 ment, Indian tribe, or insular area that directly or indiVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00537 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
538 

HR 21 PCS 

1 rectly receives funds under this heading may not sell, 

2 trade, or otherwise transfer all or any portion of such 

3 funds to another such entity in exchange for any other 

4 funds, credits or non-Federal considerations, but must use 

5 such funds for activities eligible under title I of the Act: 

6 Provided further, That notwithstanding section 105(e)(1) 

7 of the Act, no funds provided under this heading may be 

8 provided to a for-profit entity for an economic develop9 ment project under section 105(a)(17) unless such project 

10 has been evaluated and selected in accordance with guide11 lines required under subsection (e)(2): Provided further, 

12 That the Department shall notify grantees of their for13 mula allocation within 60 days of enactment of this Act: 

14 Provided further, That of the total amount provided under 

15 this heading, $65,000,000 shall be for grants to Indian 

16 tribes notwithstanding section 106(a)(1) of such Act, of 

17 which, notwithstanding any other provision of law (includ18 ing section 203 of this Act), up to $4,000,000 may be 

19 used for emergencies that constitute imminent threats to 

20 health and safety. 

21 COMMUNITY DEVELOPMENT LOAN GUARANTEES

22 PROGRAM ACCOUNT

23 Subject to section 502 of the Congressional Budget 

24 Act of 1974, during fiscal year 2019, commitments to 

25 guarantee loans under section 108 of the Housing and 


pbinns on DSK79D2C42PROD with BILLS
539 

HR 21 PCS 

1 Community Development Act of 1974 (42 U.S.C. 5308), 

2 any part of which is guaranteed, shall not exceed a total 

3 principal amount of $300,000,000, notwithstanding any 

4 aggregate limitation on outstanding obligations guaran5 teed in subsection (k) of such section 108: Provided, That 

6 the Secretary shall collect fees from borrowers, notwith7 standing subsection (m) of such section 108, to result in 

8 a credit subsidy cost of zero for guaranteeing such loans, 

9 and any such fees shall be collected in accordance with 

10 section 502(7) of the Congressional Budget Act of 1974. 

11 HOME INVESTMENT PARTNERSHIPS PROGRAM

12 For the HOME Investment Partnerships program, as 

13 authorized under title II of the Cranston-Gonzalez Na14 tional Affordable Housing Act, as amended, 

15 $1,362,000,000, to remain available until September 30, 

16 2022: Provided, That notwithstanding the amount made 

17 available under this heading, the threshold reduction re18 quirements in sections 216(10) and 217(b)(4) of such Act 

19 shall not apply to allocations of such amount: Provided 

20 further, That the Department shall notify grantees of their 

21 formula allocation within 60 days of enactment of this Act. 

22 SELF-HELP AND ASSISTED HOMEOWNERSHIP

23 OPPORTUNITY PROGRAM

24 For the Self-Help and Assisted Homeownership Op25 portunity Program, as authorized under section 11 of the 


pbinns on DSK79D2C42PROD with BILLS
540 

HR 21 PCS 

1 Housing Opportunity Program Extension Act of 1996, as 

2 amended, $54,000,000, to remain available until Sep3 tember 30, 2021: Provided, That of the total amount pro4 vided under this heading, $10,000,000 shall be made 

5 available to the Self-Help Homeownership Opportunity 

6 Program as authorized under section 11 of the Housing 

7 Opportunity Program Extension Act of 1996, as amended: 

8 Provided further, That of the total amount provided under 

9 this heading, $35,000,000 shall be made available for the 

10 second, third, and fourth capacity building activities au11 thorized under section 4(a) of the HUD Demonstration 

12 Act of 1993 (42 U.S.C. 9816 note), of which not less than 

13 $5,000,000 shall be made available for rural capacity 

14 building activities: Provided further, That of the total 

15 amount provided under this heading, $5,000,000 shall be 

16 made available for capacity building by national rural 

17 housing organizations with experience assessing national 

18 rural conditions and providing financing, training, tech19 nical assistance, information, and research to local non20 profits, local governments, and Indian Tribes serving high 

21 need rural communities: Provided further, That of the 

22 total amount provided under this heading, $4,000,000, 

23 shall be made available for a program to rehabilitate and 

24 modify the homes of disabled or low-income veterans, as 

25 authorized under section 1079 of Public Law 113–291: 


pbinns on DSK79D2C42PROD with BILLS
541 

HR 21 PCS 

1 Provided further, That funds provided under the previous 

2 proviso shall be awarded within 180 days of enactment 

3 of this Act: Provided further, That funds provided for such 

4 program in fiscal years 2016, 2017, and 2018 shall be 

5 awarded within 60 days of enactment of this Act. 

6 HOMELESS ASSISTANCE GRANTS

7 For the Emergency Solutions Grants program as au8 thorized under subtitle B of title IV of the McKinney9 Vento Homeless Assistance Act, as amended; the Con10 tinuum of Care program as authorized under subtitle C 

11 of title IV of such Act; and the Rural Housing Stability 

12 Assistance program as authorized under subtitle D of title 

13 IV of such Act, $2,612,000,000, to remain available until 

14 September 30, 2021: Provided, That any rental assistance 

15 amounts that are recaptured under such Continuum of 

16 Care program shall remain available until expended: Pro17 vided further, That not less than $270,000,000 of the 

18 funds appropriated under this heading shall be available 

19 for such Emergency Solutions Grants program: Provided 

20 further, That not less than $2,205,000,000 of the funds 

21 appropriated under this heading shall be available for such 

22 Continuum of Care and Rural Housing Stability Assist23 ance programs: Provided further, That of the amounts 

24 made available under this heading, up to $50,000,000 

25 shall be made available for grants for rapid re-housing 


pbinns on DSK79D2C42PROD with BILLS
542 

HR 21 PCS 

1 projects and supportive service projects providing coordi2 nated entry, and for eligible activities the Secretary deter3 mines to be critical in order to assist survivors of domestic 

4 violence, dating violence, and stalking: Provided further, 

5 That such projects shall be eligible for renewal under the 

6 continuum of care program subject to the same terms and 

7 conditions as other renewal applicants: Provided further, 

8 That up to $7,000,000 of the funds appropriated under 

9 this heading shall be available for the national homeless 

10 data analysis project: Provided further, That all funds 

11 awarded for supportive services under the Continuum of 

12 Care program and the Rural Housing Stability Assistance 

13 program shall be matched by not less than 25 percent in 

14 cash or in kind by each grantee: Provided further, That 

15 for all match requirements applicable to funds made avail16 able under this heading for this fiscal year and prior fiscal 

17 years, a grantee may use (or could have used) as a source 

18 of match funds other funds administered by the Secretary 

19 and other Federal agencies unless there is (or was) a spe20 cific statutory prohibition on any such use of any such 

21 funds: Provided further, That the Secretary shall collect 

22 system performance measures for each continuum of care, 

23 and that relative to fiscal year 2015, under the Continuum 

24 of Care competition with respect to funds made available 

25 under this heading, the Secretary shall base an increasing 


pbinns on DSK79D2C42PROD with BILLS
543 

HR 21 PCS 

1 share of the score on performance criteria: Provided fur2 ther, That none of the funds provided under this heading 

3 shall be available to provide funding for new projects, ex4 cept for projects created through reallocation, unless the 

5 Secretary determines that the continuum of care has dem6 onstrated that projects are evaluated and ranked based 

7 on the degree to which they improve the continuum of 

8 care’s system performance: Provided further, That the 

9 Secretary shall prioritize funding under the Continuum of 

10 Care program to continuums of care that have dem11 onstrated a capacity to reallocate funding from lower per12 forming projects to higher performing projects: Provided 

13 further, That all awards of assistance under this heading 

14 shall be required to coordinate and integrate homeless pro15 grams with other mainstream health, social services, and 

16 employment programs for which homeless populations 

17 may be eligible: Provided further, That any unobligated 

18 amounts remaining from funds appropriated under this 

19 heading in fiscal year 2012 and prior years for project20 based rental assistance for rehabilitation projects with 10- 

21 year grant terms may be used for purposes under this 

22 heading, notwithstanding the purposes for which such 

23 funds were appropriated: Provided further, That all bal24 ances for Shelter Plus Care renewals previously funded 

25 from the Shelter Plus Care Renewal account and transVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
544 

HR 21 PCS 

1 ferred to this account shall be available, if recaptured, for 

2 Continuum of Care renewals in fiscal year 2019: Provided 

3 further, That the Department shall notify grantees of their 

4 formula allocation from amounts allocated (which may 

5 represent initial or final amounts allocated) for the Emer6 gency Solutions Grant program within 60 days of enact7 ment of this Act: Provided further, That up to 

8 $80,000,000 of the funds appropriated under this heading 

9 shall be to implement projects to demonstrate how a com10 prehensive approach to serving homeless youth, age 24 

11 and under, in up to 25 communities, including at least 

12 five communities with substantial rural populations, can 

13 dramatically reduce youth homelessness: Provided further, 

14 That of the amount made available under the previous 

15 proviso, up to $5,000,000 shall be available to provide 

16 technical assistance on youth homelessness, and collection, 

17 analysis, and reporting of data and performance measures 

18 under the comprehensive approaches to serve homeless 

19 youth, in addition to and in coordination with other tech20 nical assistance funds provided under this title: Provided 

21 further, That such projects shall be eligible for renewal 

22 under the continuum of care program subject to the same 

23 terms and conditions as other renewal applicants: Pro24 vided further, That youth aged 24 and under seeking as25 sistance under this heading shall not be required to proVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
545 

HR 21 PCS 

1 vide third party documentation to establish their eligibility 

2 under 42 U.S.C. 11302(a) or (b) to receive services: Pro3 vided further, That unaccompanied youth aged 24 and 

4 under or families headed by youth aged 24 and under who 

5 are living in unsafe situations may be served by youth6 serving providers funded under this heading. 

7 HOUSING PROGRAMS

8 PROJECT-BASED RENTAL ASSISTANCE

9 For activities and assistance for the provision of 

10 project-based subsidy contracts under the United States 

11 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

12 Act’’), not otherwise provided for, $11,347,000,000, to re13 main available until expended, shall be available on Octo14 ber 1, 2018 (in addition to the $400,000,000 previously 

15 appropriated under this heading that became available Oc16 tober 1, 2018), and $400,000,000, to remain available 

17 until expended, shall be available on October 1, 2019: Pro18 vided, That the amounts made available under this head19 ing shall be available for expiring or terminating section 

20 8 project-based subsidy contracts (including section 8 

21 moderate rehabilitation contracts), for amendments to sec22 tion 8 project-based subsidy contracts (including section 

23 8 moderate rehabilitation contracts), for contracts entered 

24 into pursuant to section 441 of the McKinney-Vento 

25 Homeless Assistance Act (42 U.S.C. 11401), for renewal 


pbinns on DSK79D2C42PROD with BILLS
546 

HR 21 PCS 

1 of section 8 contracts for units in projects that are subject 

2 to approved plans of action under the Emergency Low In3 come Housing Preservation Act of 1987 or the Low-In4 come Housing Preservation and Resident Homeownership 

5 Act of 1990, and for administrative and other expenses 

6 associated with project-based activities and assistance 

7 funded under this paragraph: Provided further, That of 

8 the total amounts provided under this heading, not to ex9 ceed $245,000,000 shall be available for performance10 based contract administrators for section 8 project-based 

11 assistance, for carrying out 42 U.S.C. 1437(f): Provided 

12 further, That the Secretary may also use such amounts 

13 in the previous proviso for performance-based contract ad14 ministrators for the administration of: interest reduction 

15 payments pursuant to section 236(a) of the National 

16 Housing Act (12 U.S.C. 1715z–1(a)); rent supplement 

17 payments pursuant to section 101 of the Housing and 

18 Urban Development Act of 1965 (12 U.S.C. 1701s); sec19 tion 236(f)(2) rental assistance payments (12 U.S.C. 

20 1715z–1(f)(2)); project rental assistance contracts for the 

21 elderly under section 202(c)(2) of the Housing Act of 

22 1959 (12 U.S.C. 1701q); project rental assistance con23 tracts for supportive housing for persons with disabilities 

24 under section 811(d)(2) of the Cranston-Gonzalez Na25 tional Affordable Housing Act (42 U.S.C. 8013(d)(2)); 


pbinns on DSK79D2C42PROD with BILLS
547 

HR 21 PCS 

1 project assistance contracts pursuant to section 202(h) of 

2 the Housing Act of 1959 (Public Law 86–372; 73 Stat. 

3 667); and loans under section 202 of the Housing Act of 

4 1959 (Public Law 86–372; 73 Stat. 667): Provided fur5 ther, That amounts recaptured under this heading, the 

6 heading ‘‘Annual Contributions for Assisted Housing’’, or 

7 the heading ‘‘Housing Certificate Fund’’, may be used for 

8 renewals of or amendments to section 8 project-based con9 tracts or for performance-based contract administrators, 

10 notwithstanding the purposes for which such amounts 

11 were appropriated: Provided further, That, notwith12 standing any other provision of law, upon the request of 

13 the Secretary, project funds that are held in residual re14 ceipts accounts for any project subject to a section 8 

15 project-based Housing Assistance Payments contract that 

16 authorizes HUD or a Housing Finance Agency to require 

17 that surplus project funds be deposited in an interest18 bearing residual receipts account and that are in excess 

19 of an amount to be determined by the Secretary, shall be 

20 remitted to the Department and deposited in this account, 

21 to be available until expended: Provided further, That 

22 amounts deposited pursuant to the previous proviso shall 

23 be available in addition to the amount otherwise provided 

24 by this heading for uses authorized under this heading. 


pbinns on DSK79D2C42PROD with BILLS
548 

HR 21 PCS 

1 HOUSING FOR THE ELDERLY

2 For capital advances, including amendments to cap3 ital advance contracts, for housing for the elderly, as au4 thorized by section 202 of the Housing Act of 1959, as 

5 amended, for project rental assistance for the elderly 

6 under section 202(c)(2) of such Act, including amend7 ments to contracts for such assistance and renewal of ex8 piring contracts for such assistance for up to a 1-year 

9 term, for senior preservation rental assistance contracts, 

10 including renewals, as authorized by section 811(e) of the 

11 American Housing and Economic Opportunity Act of 

12 2000, as amended, and for supportive services associated 

13 with the housing, $678,000,000, to remain available until 

14 September 30, 2022: Provided, That of the amount pro15 vided under this heading, up to $90,000,000 shall be for 

16 service coordinators and the continuation of existing con17 gregate service grants for residents of assisted housing 

18 projects: Provided further, That amounts under this head19 ing shall be available for Real Estate Assessment Center 

20 inspections and inspection-related activities associated 

21 with section 202 projects: Provided further, That the Sec22 retary may waive the provisions of section 202 governing 

23 the terms and conditions of project rental assistance, ex24 cept that the initial contract term for such assistance shall 

25 not exceed 5 years in duration: Provided further, That 


pbinns on DSK79D2C42PROD with BILLS
549 

HR 21 PCS 

1 upon request of the Secretary, project funds which are 

2 held in residual receipts accounts for any project subject 

3 to a section 202 project rental assistance contract and, 

4 upon termination of such contract, are in excess of an 

5 amount to be determined by the Secretary shall be remit6 ted to the Department and deposited in this account, to 

7 remain available until September 30, 2022: Provided fur8 ther, That amounts deposited in this account pursuant to 

9 the previous proviso shall be available, in addition to the 

10 amounts otherwise provided by this heading, for amend11 ments and renewals: Provided further, That unobligated 

12 balances, including recaptures and carryover, remaining 

13 from funds transferred to or appropriated under this 

14 heading shall be available for amendments and renewals 

15 notwithstanding the purposes for which such funds origi16 nally were appropriated: Provided further, That of the 

17 total amount provided under this heading, $10,000,000, 

18 shall be for a program to be established by the Secretary 

19 to make grants to experienced non-profit organizations, 

20 States, local governments, or public housing agencies for 

21 safety and functional home modification repairs to meet 

22 the needs of low-income elderly persons to enable them 

23 to remain in their primary residence: Provided further, 

24 That of the total amount made available under the pre25 vious proviso, no less than $5,000,000 shall be available 


pbinns on DSK79D2C42PROD with BILLS
550 

HR 21 PCS 

1 to meet such needs in communities with substantial rural 

2 populations. 

3 HOUSING FOR PERSONS WITH DISABILITIES

4 For amendments to capital advance contracts, for 

5 supportive housing for persons with disabilities, as author6 ized by section 811 of the Cranston-Gonzalez National Af7 fordable Housing Act (42 U.S.C. 8013), as amended, for 

8 project rental assistance for supportive housing for per9 sons with disabilities under section 811(d)(2) of such Act, 

10 for project assistance contracts pursuant to section 202(h) 

11 of the Housing Act of 1959 (Public Law 86–372; 73 Stat. 

12 667), including amendments to contracts for such assist13 ance and renewal of expiring contracts for such assistance 

14 for up to a 1-year term, for project rental assistance to 

15 State housing finance agencies and other appropriate enti16 ties as authorized under section 811(b)(3) of the Cran17 ston-Gonzalez National Housing Act, and for supportive 

18 services associated with the housing for persons with dis19 abilities as authorized by section 811(b)(1) of such Act, 

20 $154,000,000, to remain available until September 30, 

21 2022: Provided, That amounts made available under this 

22 heading shall be available for Real Estate Assessment 

23 Center inspections and inspection-related activities associ24 ated with section 811 projects: Provided further, That, 

25 upon the request of the Secretary, project funds which are 


pbinns on DSK79D2C42PROD with BILLS
551 

HR 21 PCS 

1 held in residual receipts accounts for any project subject 

2 to a section 811 project rental assistance contract and, 

3 upon termination of such contract, are in excess of an 

4 amount to be determined by the Secretary shall be remit5 ted to the Department and deposited in this account, to 

6 remain available until September 30, 2022: Provided fur7 ther, That amounts deposited in this account pursuant to 

8 the previous proviso shall be available in addition to the 

9 amounts otherwise provided by this heading for amend10 ments and renewals: Provided further, That unobligated 

11 balances, including recaptures and carryover, remaining 

12 from funds transferred to or appropriated under this 

13 heading shall be used for amendments and renewals not14 withstanding the purposes for which such funds originally 

15 were appropriated. 

16 HOUSING COUNSELING ASSISTANCE

17 For contracts, grants, and other assistance excluding 

18 loans, as authorized under section 106 of the Housing and 

19 Urban Development Act of 1968, as amended, 

20 $45,000,000, to remain available until September 30, 

21 2020, including up to $4,500,000 for administrative con22 tract services: Provided, That grants made available from 

23 amounts provided under this heading shall be awarded 

24 within 180 days of enactment of this Act: Provided further, 

25 That funds shall be used for providing counseling and adVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
552 

HR 21 PCS 

1 vice to tenants and homeowners, both current and pro2 spective, with respect to property maintenance, financial 

3 management or literacy, and such other matters as may 

4 be appropriate to assist them in improving their housing 

5 conditions, meeting their financial needs, and fulfilling the 

6 responsibilities of tenancy or homeownership; for program 

7 administration; and for housing counselor training: Pro8 vided further, That for purposes of providing such grants 

9 from amounts provided under this heading, the Secretary 

10 may enter into multiyear agreements, as appropriate, sub11 ject to the availability of annual appropriations. 

12 RENTAL HOUSING ASSISTANCE

13 For amendments to contracts under section 101 of 

14 the Housing and Urban Development Act of 1965 (12 

15 U.S.C. 1701s) and section 236(f)(2) of the National 

16 Housing Act (12 U.S.C. 1715z–1) in State-aided, non17 insured rental housing projects, $5,000,000, to remain 

18 available until expended: Provided, That such amount, to19 gether with unobligated balances from recaptured 

20 amounts appropriated prior to fiscal year 2006 from ter21 minated contracts under such sections of law, and any un22 obligated balances, including recaptures and carryover, re23 maining from funds appropriated under this heading after 

24 fiscal year 2005, shall also be available for extensions of 


pbinns on DSK79D2C42PROD with BILLS
553 

HR 21 PCS 

1 up to one year for expiring contracts under such sections 

2 of law. 

3 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

4 FUND

5 For necessary expenses as authorized by the National 

6 Manufactured Housing Construction and Safety Stand7 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

8 $12,000,000, to remain available until expended, of which 

9 $12,000,000 is to be derived from the Manufactured 

10 Housing Fees Trust Fund: Provided, That not to exceed 

11 the total amount appropriated under this heading shall be 

12 available from the general fund of the Treasury to the ex13 tent necessary to incur obligations and make expenditures 

14 pending the receipt of collections to the Fund pursuant 

15 to section 620 of such Act: Provided further, That the 

16 amount made available under this heading from the gen17 eral fund shall be reduced as such collections are received 

18 during fiscal year 2019 so as to result in a final fiscal 

19 year 2019 appropriation from the general fund estimated 

20 at zero, and fees pursuant to section 620 of such Act shall 

21 be modified as necessary to ensure such a final fiscal year 

22 2019 appropriation: Provided further, That for the dispute 

23 resolution and installation programs, the Secretary may 

24 assess and collect fees from any program participant: Pro25 vided further, That such collections shall be deposited into 


pbinns on DSK79D2C42PROD with BILLS
554 

HR 21 PCS 

1 the Fund, and the Secretary, as provided herein, may use 

2 such collections, as well as fees collected under section 620 

3 of such Act, for necessary expenses of such Act: Provided 

4 further, That, notwithstanding the requirements of section 

5 620 of such Act, the Secretary may carry out responsibil6 ities of the Secretary under such Act through the use of 

7 approved service providers that are paid directly by the 

8 recipients of their services. 

9 FEDERAL HOUSING ADMINISTRATION

10 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

11 New commitments to guarantee single family loans 

12 insured under the Mutual Mortgage Insurance Fund shall 

13 not exceed $400,000,000,000, to remain available until 

14 September 30, 2020: Provided, That during fiscal year 

15 2019, obligations to make direct loans to carry out the 

16 purposes of section 204(g) of the National Housing Act, 

17 as amended, shall not exceed $1,000,000: Provided fur18 ther, That the foregoing amount in the previous proviso 

19 shall be for loans to nonprofit and governmental entities 

20 in connection with sales of single family real properties 

21 owned by the Secretary and formerly insured under the 

22 Mutual Mortgage Insurance Fund: Provided further, That 

23 for administrative contract expenses of the Federal Hous24 ing Administration, $130,000,000, to remain available 

25 until September 30, 2020: Provided further, That to the 


pbinns on DSK79D2C42PROD with BILLS
555 

HR 21 PCS 

1 extent guaranteed loan commitments exceed 

2 $200,000,000,000 on or before April 1, 2019, an addi3 tional $1,400 for administrative contract expenses shall be 

4 available for each $1,000,000 in additional guaranteed 

5 loan commitments (including a pro rata amount for any 

6 amount below $1,000,000), but in no case shall funds 

7 made available by this proviso exceed $30,000,000: Pro8 vided further, That notwithstanding the limitation in the 

9 first sentence of section 255(g) of the National Housing 

10 Act (12 U.S.C. 1715z–20(g)), during fiscal year 2019 the 

11 Secretary may insure and enter into new commitments to 

12 insure mortgages under section 255 of the National Hous13 ing Act only to the extent that the net credit subsidy cost 

14 for such insurance does not exceed zero: Provided further, 

15 That for fiscal year 2019, the Secretary shall not take any 

16 action against a lender solely on the basis of compare ra17 tios that have been adversely affected by defaults on mort18 gages secured by properties in areas where a major dis19 aster was declared in 2017 or 2018 pursuant to the Rob20 ert T. Stafford Disaster Relief and Emergency Assistance 

21 Act (42 U.S.C. 5121 et seq.). 

22 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

23 New commitments to guarantee loans insured under 

24 the General and Special Risk Insurance Funds, as author25 ized by sections 238 and 519 of the National Housing Act 


pbinns on DSK79D2C42PROD with BILLS
556 

HR 21 PCS 

1 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 

2 $30,000,000,000 in total loan principal, any part of which 

3 is to be guaranteed, to remain available until September 

4 30, 2020: Provided, That during fiscal year 2019, gross 

5 obligations for the principal amount of direct loans, as au6 thorized by sections 204(g), 207(l), 238, and 519(a) of 

7 the National Housing Act, shall not exceed $1,000,000, 

8 which shall be for loans to nonprofit and governmental en9 tities in connection with the sale of single family real prop10 erties owned by the Secretary and formerly insured under 

11 such Act. 

12 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

13 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

14 GUARANTEE PROGRAM ACCOUNT

15 New commitments to issue guarantees to carry out 

16 the purposes of section 306 of the National Housing Act, 

17 as amended (12 U.S.C. 1721(g)), shall not exceed 

18 $550,000,000,000, to remain available until September 

19 30, 2020: Provided, That $27,000,000 shall be available 

20 for necessary salaries and expenses of the Office of Gov21 ernment National Mortgage Association: Provided further, 

22 That to the extent that guaranteed loan commitments ex23 ceed $155,000,000,000 on or before April 1, 2019, an ad24 ditional $100 for necessary salaries and expenses shall be 

25 available until expended for each $1,000,000 in additional 


pbinns on DSK79D2C42PROD with BILLS
557 

HR 21 PCS 

1 guaranteed loan commitments (including a pro rata 

2 amount for any amount below $1,000,000), but in no case 

3 shall funds made available by this proviso exceed 

4 $3,000,000: Provided further, That receipts from Commit5 ment and Multiclass fees collected pursuant to title III of 

6 the National Housing Act, as amended, shall be credited 

7 as offsetting collections to this account. 

8 POLICY DEVELOPMENT AND RESEARCH

9 RESEARCH AND TECHNOLOGY

10 For contracts, grants, and necessary expenses of pro11 grams of research and studies relating to housing and 

12 urban problems, not otherwise provided for, as authorized 

13 by title V of the Housing and Urban Development Act 

14 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

15 out the functions of the Secretary of Housing and Urban 

16 Development under section 1(a)(1)(i) of Reorganization 

17 Plan No. 2 of 1968, and for technical assistance, 

18 $100,000,000, to remain available until September 30, 

19 2020: Provided, That with respect to amounts made avail20 able under this heading, notwithstanding section 203 of 

21 this title, the Secretary may enter into cooperative agree22 ments with philanthropic entities, other Federal agencies, 

23 State or local governments and their agencies, or colleges 

24 or universities for research projects: Provided further, 

25 That with respect to the previous proviso, such partners 


pbinns on DSK79D2C42PROD with BILLS
558 

HR 21 PCS 

1 to the cooperative agreements must contribute at least a 

2 50 percent match toward the cost of the project: Provided 

3 further, That for non-competitive agreements entered into 

4 in accordance with the previous two provisos, the Sec5 retary of Housing and Urban Development shall comply 

6 with section 2(b) of the Federal Funding Accountability 

7 and Transparency Act of 2006 (Public Law 109–282, 31 

8 U.S.C. note) in lieu of compliance with section 

9 102(a)(4)(C) with respect to documentation of award deci10 sions: Provided further, That prior to obligation of tech11 nical assistance funding, the Secretary shall submit a 

12 plan, for approval, to the House and Senate Committees 

13 on Appropriations on how it will allocate funding for this 

14 activity: Provided further, That none of the funds provided 

15 under this heading may be available for the doctoral dis16 sertation research grant program. 

17 FAIR HOUSING AND EQUAL OPPORTUNITY

18 FAIR HOUSING ACTIVITIES

19 For contracts, grants, and other assistance, not oth20 erwise provided for, as authorized by title VIII of the Civil 

21 Rights Act of 1968, as amended by the Fair Housing 

22 Amendments Act of 1988, and section 561 of the Housing 

23 and Community Development Act of 1987, as amended, 

24 $65,300,000, to remain available until September 30, 

25 2020: Provided, That notwithstanding 31 U.S.C. 3302, 


pbinns on DSK79D2C42PROD with BILLS
559 

HR 21 PCS 

1 the Secretary may assess and collect fees to cover the costs 

2 of the Fair Housing Training Academy, and may use such 

3 funds to provide such training: Provided further, That no 

4 funds made available under this heading shall be used to 

5 lobby the executive or legislative branches of the Federal 

6 Government in connection with a specific contract, grant, 

7 or loan: Provided further, That of the funds made available 

8 under this heading, $300,000 shall be available to the Sec9 retary of Housing and Urban Development for the cre10 ation and promotion of translated materials and other pro11 grams that support the assistance of persons with limited 

12 English proficiency in utilizing the services provided by 

13 the Department of Housing and Urban Development. 

14 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

15 HOMES

16 LEAD HAZARD REDUCTION

17 For the Lead Hazard Reduction Program, as author18 ized by section 1011 of the Residential Lead-Based Paint 

19 Hazard Reduction Act of 1992, $260,000,000, to remain 

20 available until September 30, 2020, of which $45,000,000 

21 shall be for the Healthy Homes Initiative, pursuant to sec22 tions 501 and 502 of the Housing and Urban Develop23 ment Act of 1970, which shall include research, studies, 

24 testing, and demonstration efforts, including education 

25 and outreach concerning lead-based paint poisoning and 


pbinns on DSK79D2C42PROD with BILLS
560 

HR 21 PCS 

1 other housing-related diseases and hazards: Provided, 

2 That for purposes of environmental review, pursuant to 

3 the National Environmental Policy Act of 1969 (42 U.S.C. 

4 4321 et seq.) and other provisions of law that further the 

5 purposes of such Act, a grant under the Healthy Homes 

6 Initiative, or the Lead Technical Studies program under 

7 this heading or under prior appropriations Acts for such 

8 purposes under this heading, shall be considered to be 

9 funds for a special project for purposes of section 305(c) 

10 of the Multifamily Housing Property Disposition Reform 

11 Act of 1994: Provided further, That not less than 

12 $95,000,000 of the amounts made available under this 

13 heading for the award of grants pursuant to section 1011 

14 of the Residential Lead-Based Paint Hazard Reduction 

15 Act of 1992 shall be provided to areas with the highest 

16 lead-based paint abatement needs: Provided further, That 

17 $45,000,000 of the funds appropriated under this heading 

18 shall be for the implementation of projects to demonstrate 

19 how intensive, extended multi-year interventions can dra20 matically reduce the presence of lead-based paint hazards 

21 in communities containing high concentrations of both 

22 pre-1940 housing and low-income families by achieving 

23 economies of scale that substantially reduce the cost of 

24 lead-based paint remediation activities and administrative 

25 costs for grantees: Provided further, That such projects 


pbinns on DSK79D2C42PROD with BILLS
561 

HR 21 PCS 

1 in each of five communities shall be for five years and 

2 serve no more than four contiguous census tracts in which 

3 there are high concentrations of housing stock built before 

4 1940, in which low-income families with children make up 

5 a significantly higher proportion of the population as com6 pared to the State average, and that are located in juris7 dictions in which instances of elevated blood lead levels 

8 reported to the State are significantly higher than the 

9 State average: Provided further, That funding awarded for 

10 such projects shall be made available for draw down con11 tingent upon the grantee meeting cost-savings, produc12 tivity, and grant compliance benchmarks established by 

13 the Secretary: Provided further, That each recipent of 

14 funds for such projects shall contribute an amount not less 

15 than 10 percent of the total award, and that the Secretary 

16 shall give priority to applicants that secure commitments 

17 for additional contributions from public and private 

18 sources: Provided further, That grantees currently receiv19 ing grants made under this heading shall be eligible to 

20 apply for such projects, provided that they are deemed to 

21 be in compliance with program requirements established 

22 by the Secretary: Provided further, That each applicant 

23 shall certify adequate capacity that is acceptable to the 

24 Secretary to carry out the proposed use of funds pursuant 

25 to a notice of funding availability: Provided further, That 


pbinns on DSK79D2C42PROD with BILLS
562 

HR 21 PCS 

1 amounts made available under this heading in this or prior 

2 appropriations Acts, still remaining available, may be used 

3 for any purpose under this heading notwithstanding the 

4 purpose for which such amounts were appropriated if a 

5 program competition is undersubscribed and there are 

6 other program competitions under this heading that are 

7 oversubscribed. 

8 INFORMATION TECHNOLOGY FUND

9 For the development, modernization, and enhance10 ment of, modifications to, and infrastructure for Depart11 ment-wide and program-specific information technology 

12 systems, for the continuing operation and maintenance of 

13 both Department-wide and program-specific information 

14 systems, and for program-related maintenance activities, 

15 $280,000,000, of which $260,000,000 shall remain avail16 able until September 30, 2020, and of which $20,000,000 

17 shall remain available until September 30, 2021: Provided, 

18 That any amounts transferred to this Fund under this Act 

19 shall remain available until expended: Provided further, 

20 That any amounts transferred to this Fund from amounts 

21 appropriated by previously enacted appropriations Acts 

22 may be used for the purposes specified under this Fund, 

23 in addition to any other information technology purposes 

24 for which such amounts were appropriated: Provided fur25 ther, That not more than 10 percent of the funds made 


pbinns on DSK79D2C42PROD with BILLS
563 

HR 21 PCS 

1 available under this heading for development, moderniza2 tion and enhancement may be obligated until the Sec3 retary submits to the House and Senate Committees on 

4 Appropriations, for approval, a plan for expenditure 

5 that—(A) identifies for each modernization project: (i) the 

6 functional and performance capabilities to be delivered 

7 and the mission benefits to be realized, (ii) the estimated 

8 life-cycle cost, and (iii) key milestones to be met; and (B) 

9 demonstrates that each modernization project is: (i) com10 pliant with the Department’s enterprise architecture, (ii) 

11 being managed in accordance with applicable life-cycle 

12 management policies and guidance, (iii) subject to the De13 partment’s capital planning and investment control re14 quirements, and (iv) supported by an adequately staffed 

15 project office. 

16 OFFICE OF INSPECTOR GENERAL

17 For necessary salaries and expenses of the Office of 

18 Inspector General in carrying out the Inspector General 

19 Act of 1978, as amended, $128,082,000: Provided, That 

20 the Inspector General shall have independent authority 

21 over all personnel issues within this office. 


pbinns on DSK79D2C42PROD with BILLS
564 

HR 21 PCS 

1 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

2 URBAN DEVELOPMENT

3 (INCLUDING TRANSFER OF FUNDS)

4 (INCLUDING RESCISSION)

5 SEC. 201. Fifty percent of the amounts of budget au6 thority, or in lieu thereof 50 percent of the cash amounts 

7 associated with such budget authority, that are recaptured 

8 from projects described in section 1012(a) of the Stewart 

9 B. McKinney Homeless Assistance Amendments Act of 

10 1988 (42 U.S.C. 1437f note) shall be rescinded or in the 

11 case of cash, shall be remitted to the Treasury, and such 

12 amounts of budget authority or cash recaptured and not 

13 rescinded or remitted to the Treasury shall be used by 

14 State housing finance agencies or local governments or 

15 local housing agencies with projects approved by the Sec16 retary of Housing and Urban Development for which set17 tlement occurred after January 1, 1992, in accordance 

18 with such section. Notwithstanding the previous sentence, 

19 the Secretary may award up to 15 percent of the budget 

20 authority or cash recaptured and not rescinded or remitted 

21 to the Treasury to provide project owners with incentives 

22 to refinance their project at a lower interest rate. 

23 SEC. 202. None of the amounts made available under 

24 this Act may be used during fiscal year 2019 to investigate 

25 or prosecute under the Fair Housing Act any otherwise 


pbinns on DSK79D2C42PROD with BILLS
565 

HR 21 PCS 

1 lawful activity engaged in by one or more persons, includ2 ing the filing or maintaining of a nonfrivolous legal action, 

3 that is engaged in solely for the purpose of achieving or 

4 preventing action by a Government official or entity, or 

5 a court of competent jurisdiction. 

6 SEC. 203. Except as explicitly provided in law, any 

7 grant, cooperative agreement or other assistance made 

8 pursuant to title II of this Act shall be made on a competi9 tive basis and in accordance with section 102 of the De10 partment of Housing and Urban Development Reform Act 

11 of 1989 (42 U.S.C. 3545). 

12 SEC. 204. Funds of the Department of Housing and 

13 Urban Development subject to the Government Corpora14 tion Control Act or section 402 of the Housing Act of 

15 1950 shall be available, without regard to the limitations 

16 on administrative expenses, for legal services on a contract 

17 or fee basis, and for utilizing and making payment for 

18 services and facilities of the Federal National Mortgage 

19 Association, Government National Mortgage Association, 

20 Federal Home Loan Mortgage Corporation, Federal Fi21 nancing Bank, Federal Reserve banks or any member 

22 thereof, Federal Home Loan banks, and any insured bank 

23 within the meaning of the Federal Deposit Insurance Cor24 poration Act, as amended (12 U.S.C. 1811–1). 


pbinns on DSK79D2C42PROD with BILLS
566 

HR 21 PCS 

1 SEC. 205. Unless otherwise provided for in this Act 

2 or through a reprogramming of funds, no part of any ap3 propriation for the Department of Housing and Urban 

4 Development shall be available for any program, project 

5 or activity in excess of amounts set forth in the budget 

6 estimates submitted to Congress. 

7 SEC. 206. Corporations and agencies of the Depart8 ment of Housing and Urban Development which are sub9 ject to the Government Corporation Control Act are here10 by authorized to make such expenditures, within the limits 

11 of funds and borrowing authority available to each such 

12 corporation or agency and in accordance with law, and to 

13 make such contracts and commitments without regard to 

14 fiscal year limitations as provided by section 104 of such 

15 Act as may be necessary in carrying out the programs set 

16 forth in the budget for 2019 for such corporation or agen17 cy except as hereinafter provided: Provided, That collec18 tions of these corporations and agencies may be used for 

19 new loan or mortgage purchase commitments only to the 

20 extent expressly provided for in this Act (unless such loans 

21 are in support of other forms of assistance provided for 

22 in this or prior appropriations Acts), except that this pro23 viso shall not apply to the mortgage insurance or guaranty 

24 operations of these corporations, or where loans or mortVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00566 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
567 

HR 21 PCS 

1 gage purchases are necessary to protect the financial in2 terest of the United States Government. 

3 SEC. 207. The Secretary of Housing and Urban De4 velopment shall provide quarterly reports to the House 

5 and Senate Committees on Appropriations regarding all 

6 uncommitted, unobligated, recaptured and excess funds in 

7 each program and activity within the jurisdiction of the 

8 Department and shall submit additional, updated budget 

9 information to these Committees upon request. 

10 SEC. 208. The President’s formal budget request for 

11 fiscal year 2020, as well as the Department of Housing 

12 and Urban Development’s congressional budget justifica13 tions to be submitted to the Committees on Appropriations 

14 of the House of Representatives and the Senate, shall use 

15 the identical account and sub-account structure provided 

16 under this Act. 

17 SEC. 209. No funds provided under this title may be 

18 used for an audit of the Government National Mortgage 

19 Association that makes applicable requirements under the 

20 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

21 SEC. 210. (a) Notwithstanding any other provision 

22 of law, subject to the conditions listed under this section, 

23 for fiscal years 2019 and 2020, the Secretary of Housing 

24 and Urban Development may authorize the transfer of 

25 some or all project-based assistance, debt held or insured 


pbinns on DSK79D2C42PROD with BILLS
568 

HR 21 PCS 

1 by the Secretary and statutorily required low-income and 

2 very low-income use restrictions if any, associated with one 

3 or more multifamily housing project or projects to another 

4 multifamily housing project or projects. 

5 (b) PHASED TRANSFERS.—Transfers of project6 based assistance under this section may be done in phases 

7 to accommodate the financing and other requirements re8 lated to rehabilitating or constructing the project or 

9 projects to which the assistance is transferred, to ensure 

10 that such project or projects meet the standards under 

11 subsection (c). 

12 (c) The transfer authorized in subsection (a) is sub13 ject to the following conditions: 

14 (1) NUMBER AND BEDROOM SIZE OF UNITS.— 

15 (A) For occupied units in the transferring 

16 project: The number of low-income and very 

17 low-income units and the configuration (i.e., 

18 bedroom size) provided by the transferring 

19 project shall be no less than when transferred 

20 to the receiving project or projects and the net 

21 dollar amount of Federal assistance provided to 

22 the transferring project shall remain the same 

23 in the receiving project or projects. 

24 (B) For unoccupied units in the transfer25 ring project: The Secretary may authorize a reVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
569 

HR 21 PCS 

1 duction in the number of dwelling units in the 

2 receiving project or projects to allow for a re3 configuration of bedroom sizes to meet current 

4 market demands, as determined by the Sec5 retary and provided there is no increase in the 

6 project-based assistance budget authority. 

7 (2) The transferring project shall, as deter8 mined by the Secretary, be either physically obsolete 

9 or economically nonviable. 

10 (3) The receiving project or projects shall meet 

11 or exceed applicable physical standards established 

12 by the Secretary. 

13 (4) The owner or mortgagor of the transferring 

14 project shall notify and consult with the tenants re15 siding in the transferring project and provide a cer16 tification of approval by all appropriate local govern17 mental officials. 

18 (5) The tenants of the transferring project who 

19 remain eligible for assistance to be provided by the 

20 receiving project or projects shall not be required to 

21 vacate their units in the transferring project or 

22 projects until new units in the receiving project are 

23 available for occupancy. 

24 (6) The Secretary determines that this transfer 

25 is in the best interest of the tenants. 


pbinns on DSK79D2C42PROD with BILLS
570 

HR 21 PCS 

1 (7) If either the transferring project or the re2 ceiving project or projects meets the condition speci3 fied in subsection (d)(2)(A), any lien on the receiv4 ing project resulting from additional financing ob5 tained by the owner shall be subordinate to any 

6 FHA-insured mortgage lien transferred to, or placed 

7 on, such project by the Secretary, except that the 

8 Secretary may waive this requirement upon deter9 mination that such a waiver is necessary to facilitate 

10 the financing of acquisition, construction, and/or re11 habilitation of the receiving project or projects. 

12 (8) If the transferring project meets the re13 quirements of subsection (d)(2), the owner or mort14 gagor of the receiving project or projects shall exe15 cute and record either a continuation of the existing 

16 use agreement or a new use agreement for the 

17 project where, in either case, any use restrictions in 

18 such agreement are of no lesser duration than the 

19 existing use restrictions. 

20 (9) The transfer does not increase the cost (as 

21 defined in section 502 of the Congressional Budget 

22 Act of 1974, as amended) of any FHA-insured 

23 mortgage, except to the extent that appropriations 

24 are provided in advance for the amount of any such 

25 increased cost. 


pbinns on DSK79D2C42PROD with BILLS
571 

HR 21 PCS 

1 (d) For purposes of this section— 

2 (1) the terms ‘‘low-income’’ and ‘‘very low-in3 come’’ shall have the meanings provided by the stat4 ute and/or regulations governing the program under 

5 which the project is insured or assisted; 

6 (2) the term ‘‘multifamily housing project’’ 

7 means housing that meets one of the following con8 ditions— 

9 (A) housing that is subject to a mortgage 

10 insured under the National Housing Act; 

11 (B) housing that has project-based assist12 ance attached to the structure including 

13 projects undergoing mark to market debt re14 structuring under the Multifamily Assisted 

15 Housing Reform and Affordability Housing Act; 

16 (C) housing that is assisted under section 

17 202 of the Housing Act of 1959, as amended 

18 by section 801 of the Cranston-Gonzales Na19 tional Affordable Housing Act; 

20 (D) housing that is assisted under section 

21 202 of the Housing Act of 1959, as such sec22 tion existed before the enactment of the Cran23 ston-Gonzales National Affordable Housing Act; 


pbinns on DSK79D2C42PROD with BILLS
572 

HR 21 PCS 

1 (E) housing that is assisted under section 

2 811 of the Cranston-Gonzales National Afford3 able Housing Act; or 

4 (F) housing or vacant land that is subject 

5 to a use agreement; 

6 (3) the term ‘‘project-based assistance’’ 

7 means— 

8 (A) assistance provided under section 8(b) 

9 of the United States Housing Act of 1937; 

10 (B) assistance for housing constructed or 

11 substantially rehabilitated pursuant to assist12 ance provided under section 8(b)(2) of such Act 

13 (as such section existed immediately before Oc14 tober 1, 1983); 

15 (C) rent supplement payments under sec16 tion 101 of the Housing and Urban Develop17 ment Act of 1965; 

18 (D) interest reduction payments under sec19 tion 236 and/or additional assistance payments 

20 under section 236(f)(2) of the National Hous21 ing Act; 

22 (E) assistance payments made under sec23 tion 202(c)(2) of the Housing Act of 1959; and 


pbinns on DSK79D2C42PROD with BILLS
573 

HR 21 PCS 

1 (F) assistance payments made under sec2 tion 811(d)(2) of the Cranston-Gonzalez Na3 tional Affordable Housing Act; 

4 (4) the term ‘‘receiving project or projects’’ 

5 means the multifamily housing project or projects to 

6 which some or all of the project-based assistance, 

7 debt, and statutorily required low-income and very 

8 low-income use restrictions are to be transferred; 

9 (5) the term ‘‘transferring project’’ means the 

10 multifamily housing project which is transferring 

11 some or all of the project-based assistance, debt, and 

12 the statutorily required low-income and very low-in13 come use restrictions to the receiving project or 

14 projects; and 

15 (6) the term ‘‘Secretary’’ means the Secretary 

16 of Housing and Urban Development. 

17 (e) RESEARCH REPORT.—The Secretary shall con18 duct an evaluation of the transfer authority under this sec19 tion, including the effect of such transfers on the oper20 ational efficiency, contract rents, physical and financial 

21 conditions, and long-term preservation of the affected 

22 properties. 

23 SEC. 211. (a) No assistance shall be provided under 

24 section 8 of the United States Housing Act of 1937 (42 

25 U.S.C. 1437f) to any individual who— 


pbinns on DSK79D2C42PROD with BILLS
574 

HR 21 PCS 

1 (1) is enrolled as a student at an institution of 

2 higher education (as defined under section 102 of 

3 the Higher Education Act of 1965 (20 U.S.C. 

4 1002)); 

5 (2) is under 24 years of age; 

6 (3) is not a veteran; 

7 (4) is unmarried; 

8 (5) does not have a dependent child; 

9 (6) is not a person with disabilities, as such 

10 term is defined in section 3(b)(3)(E) of the United 

11 States Housing Act of 1937 (42 U.S.C. 

12 1437a(b)(3)(E)) and was not receiving assistance 

13 under such section 8 as of November 30, 2005; 

14 (7) is not a youth who left foster care at age 

15 14 or older and is at risk of becoming homeless; and 

16 (8) is not otherwise individually eligible, or has 

17 parents who, individually or jointly, are not eligible, 

18 to receive assistance under section 8 of the United 

19 States Housing Act of 1937 (42 U.S.C. 1437f). 

20 (b) For purposes of determining the eligibility of a 

21 person to receive assistance under section 8 of the United 

22 States Housing Act of 1937 (42 U.S.C. 1437f), any finan23 cial assistance (in excess of amounts received for tuition 

24 and any other required fees and charges) that an indi25 vidual receives under the Higher Education Act of 1965 


pbinns on DSK79D2C42PROD with BILLS
575 

HR 21 PCS 

1 (20 U.S.C. 1001 et seq.), from private sources, or an insti2 tution of higher education (as defined under the Higher 

3 Education Act of 1965 (20 U.S.C. 1002)), shall be consid4 ered income to that individual, except for a person over 

5 the age of 23 with dependent children. 

6 SEC. 212. The funds made available for Native Alas7 kans under the heading ‘‘Native American Housing Block 

8 Grants’’ in title II of this Act shall be allocated to the 

9 same Native Alaskan housing block grant recipients that 

10 received funds in fiscal year 2005. 

11 SEC. 213. Notwithstanding any other provision of 

12 law, in fiscal year 2019, in managing and disposing of any 

13 multifamily property that is owned or has a mortgage held 

14 by the Secretary of Housing and Urban Development, and 

15 during the process of foreclosure on any property with a 

16 contract for rental assistance payments under section 8 

17 of the United States Housing Act of 1937 or other Fed18 eral programs, the Secretary shall maintain any rental as19 sistance payments under section 8 of the United States 

20 Housing Act of 1937 and other programs that are at21 tached to any dwelling units in the property. To the extent 

22 the Secretary determines, in consultation with the tenants 

23 and the local government, that such a multifamily prop24 erty owned or held by the Secretary is not feasible for con25 tinued rental assistance payments under such section 8 


pbinns on DSK79D2C42PROD with BILLS
576 

HR 21 PCS 

1 or other programs, based on consideration of (1) the costs 

2 of rehabilitating and operating the property and all avail3 able Federal, State, and local resources, including rent ad4 justments under section 524 of the Multifamily Assisted 

5 Housing Reform and Affordability Act of 1997 

6 (‘‘MAHRAA’’) and (2) environmental conditions that can7 not be remedied in a cost-effective fashion, the Secretary 

8 may, in consultation with the tenants of that property, 

9 contract for project-based rental assistance payments with 

10 an owner or owners of other existing housing properties, 

11 or provide other rental assistance. The Secretary shall also 

12 take appropriate steps to ensure that project-based con13 tracts remain in effect prior to foreclosure, subject to the 

14 exercise of contractual abatement remedies to assist relo15 cation of tenants for imminent major threats to health and 

16 safety after written notice to and informed consent of the 

17 affected tenants and use of other available remedies, such 

18 as partial abatements or receivership. After disposition of 

19 any multifamily property described under this section, the 

20 contract and allowable rent levels on such properties shall 

21 be subject to the requirements under section 524 of 

22 MAHRAA. 

23 SEC. 214. The commitment authority funded by fees 

24 as provided under the heading ‘‘Community Development 

25 Loan Guarantees Program Account’’ may be used to guarVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00576 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
577 

HR 21 PCS 

1 antee, or make commitments to guarantee, notes, or other 

2 obligations issued by any State on behalf of non-entitle3 ment communities in the State in accordance with the re4 quirements of section 108 of the Housing and Community 

5 Development Act of 1974: Provided, That any State re6 ceiving such a guarantee or commitment shall distribute 

7 all funds subject to such guarantee to the units of general 

8 local government in non-entitlement areas that received 

9 the commitment. 

10 SEC. 215. Public housing agencies that own and oper11 ate 400 or fewer public housing units may elect to be ex12 empt from any asset management requirement imposed by 

13 the Secretary of Housing and Urban Development in con14 nection with the operating fund rule: Provided, That an 

15 agency seeking a discontinuance of a reduction of subsidy 

16 under the operating fund formula shall not be exempt 

17 from asset management requirements. 

18 SEC. 216. With respect to the use of amounts pro19 vided in this Act and in future Acts for the operation, cap20 ital improvement and management of public housing as 

21 authorized by sections 9(d) and 9(e) of the United States 

22 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 

23 Secretary shall not impose any requirement or guideline 

24 relating to asset management that restricts or limits in 

25 any way the use of capital funds for central office costs 


pbinns on DSK79D2C42PROD with BILLS
578 

HR 21 PCS 

1 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

2 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro3 vided, That a public housing agency may not use capital 

4 funds authorized under section 9(d) for activities that are 

5 eligible under section 9(e) for assistance with amounts 

6 from the operating fund in excess of the amounts per7 mitted under section 9(g)(1) or 9(g)(2). 

8 SEC. 217. No official or employee of the Department 

9 of Housing and Urban Development shall be designated 

10 as an allotment holder unless the Office of the Chief Fi11 nancial Officer has determined that such allotment holder 

12 has implemented an adequate system of funds control and 

13 has received training in funds control procedures and di14 rectives. The Chief Financial Officer shall ensure that 

15 there is a trained allotment holder for each HUD appro16 priation under the accounts ‘‘Executive Offices’’ and ‘‘Ad17 ministrative Support Offices,’’ as well as each account re18 ceiving appropriations under the general heading ‘‘Pro19 gram Office Salaries and Expenses’’, ‘‘Government Na20 tional Mortgage Association—Guarantees of Mortgage21 Backed Securities Loan Guarantee Program Account’’, 

22 and ‘‘Office of Inspector General’’ within the Department 

23 of Housing and Urban Development. 

24 SEC. 218. The Secretary of the Department of Hous25 ing and Urban Development shall, for fiscal year 2019, 


pbinns on DSK79D2C42PROD with BILLS
579 

HR 21 PCS 

1 notify the public through the Federal Register and other 

2 means, as determined appropriate, of the issuance of a no3 tice of the availability of assistance or notice of funding 

4 availability (NOFA) for any program or discretionary 

5 fund administered by the Secretary that is to be competi6 tively awarded. Notwithstanding any other provision of 

7 law, for fiscal year 2019, the Secretary may make the 

8 NOFA available only on the Internet at the appropriate 

9 Government web site or through other electronic media, 

10 as determined by the Secretary. 

11 SEC. 219. Payment of attorney fees in program-re12 lated litigation shall be paid from the individual program 

13 office and Office of General Counsel salaries and expenses 

14 appropriations. The annual budget submission for the pro15 gram offices and the Office of General Counsel shall in16 clude any such projected litigation costs for attorney fees 

17 as a separate line item request. No funds provided in this 

18 title may be used to pay any such litigation costs for attor19 ney fees until the Department submits for review a spend20 ing plan for such costs to the House and Senate Commit21 tees on Appropriations. 

22 SEC. 220. The Secretary is authorized to transfer up 

23 to 10 percent or $5,000,000, whichever is less, of funds 

24 appropriated for any office under the heading ‘‘Adminis25 trative Support Offices’’ or for any account under the genVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00579 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
580 

HR 21 PCS 

1 eral heading ‘‘Program Office Salaries and Expenses’’ to 

2 any other such office or account: Provided, That no appro3 priation for any such office or account shall be increased 

4 or decreased by more than 10 percent or $5,000,000, 

5 whichever is less, without prior written approval of the 

6 House and Senate Committees on Appropriations: Pro7 vided further, That the Secretary shall provide notification 

8 to such Committees three business days in advance of any 

9 such transfers under this section up to 10 percent or 

10 $5,000,000, whichever is less. 

11 SEC. 221. (a) Any entity receiving housing assistance 

12 payments shall maintain decent, safe, and sanitary condi13 tions, as determined by the Secretary of Housing and 

14 Urban Development (in this section referred to as the 

15 ‘‘Secretary’’), and comply with any standards under appli16 cable State or local laws, rules, ordinances, or regulations 

17 relating to the physical condition of any property covered 

18 under a housing assistance payment contract. 

19 (b) The Secretary shall take action under subsection 

20 (c) when a multifamily housing project with a section 8 

21 contract or contract for similar project-based assistance— 

22 (1) receives a Uniform Physical Condition 

23 Standards (UPCS) score of 60 or less; or 

24 (2) fails to certify in writing to the Secretary 

25 within 3 days that all Exigent Health and Safety deVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00580 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
581 

HR 21 PCS 

1 ficiencies identified by the inspector at the project 

2 have been corrected. 

3 Such requirements shall apply to insured and noninsured 

4 projects with assistance attached to the units under sec5 tion 8 of the United States Housing Act of 1937 (42 

6 U.S.C. 1437f), but do not apply to such units assisted 

7 under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to 

8 public housing units assisted with capital or operating 

9 funds under section 9 of the United States Housing Act 

10 of 1937 (42 U.S.C. 1437g). 

11 (c)(1) Within 15 days of the issuance of the REAC 

12 inspection, the Secretary must provide the owner with a 

13 Notice of Default with a specified timetable, determined 

14 by the Secretary, for correcting all deficiencies. The Sec15 retary must also provide a copy of the Notice of Default 

16 to the tenants, the local government, any mortgagees, and 

17 any contract administrator. If the owner’s appeal results 

18 in a UPCS score of 60 or above, the Secretary may with19 draw the Notice of Default. 

20 (2) At the end of the time period for correcting all 

21 deficiencies specified in the Notice of Default, if the owner 

22 fails to fully correct such deficiencies, the Secretary may— 

23 (A) require immediate replacement of project 

24 management with a management agent approved by 

25 the Secretary; 


pbinns on DSK79D2C42PROD with BILLS
582 

HR 21 PCS 

1 (B) impose civil money penalties, which shall be 

2 used solely for the purpose of supporting safe and 

3 sanitary conditions at applicable properties, as des4 ignated by the Secretary, with priority given to the 

5 tenants of the property affected by the penalty; 

6 (C) abate the section 8 contract, including par7 tial abatement, as determined by the Secretary, until 

8 all deficiencies have been corrected; 

9 (D) pursue transfer of the project to an owner, 

10 approved by the Secretary under established proce11 dures, which will be obligated to promptly make all 

12 required repairs and to accept renewal of the assist13 ance contract as long as such renewal is offered; 

14 (E) transfer the existing section 8 contract to 

15 another project or projects and owner or owners; 

16 (F) pursue exclusionary sanctions, including 

17 suspensions or debarments from Federal programs; 

18 (G) seek judicial appointment of a receiver to 

19 manage the property and cure all project deficiencies 

20 or seek a judicial order of specific performance re21 quiring the owner to cure all project deficiencies; 

22 (H) work with the owner, lender, or other re23 lated party to stabilize the property in an attempt 

24 to preserve the property through compliance, transVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00582 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
583 

HR 21 PCS 

1 fer of ownership, or an infusion of capital provided 

2 by a third-party that requires time to effectuate; or 

3 (I) take any other regulatory or contractual 

4 remedies available as deemed necessary and appro5 priate by the Secretary. 

6 (d) The Secretary shall also take appropriate steps 

7 to ensure that project-based contracts remain in effect, 

8 subject to the exercise of contractual abatement remedies 

9 to assist relocation of tenants for major threats to health 

10 and safety after written notice to the affected tenants. To 

11 the extent the Secretary determines, in consultation with 

12 the tenants and the local government, that the property 

13 is not feasible for continued rental assistance payments 

14 under such section 8 or other programs, based on consid15 eration of— 

16 (1) the costs of rehabilitating and operating the 

17 property and all available Federal, State, and local 

18 resources, including rent adjustments under section 

19 524 of the Multifamily Assisted Housing Reform 

20 and Affordability Act of 1997 (‘‘MAHRAA’’); and 

21 (2) environmental conditions that cannot be 

22 remedied in a cost-effective fashion, the Secretary 

23 may contract for project-based rental assistance pay24 ments with an owner or owners of other existing 


pbinns on DSK79D2C42PROD with BILLS
584 

HR 21 PCS 

1 housing properties, or provide other rental assist2 ance. 

3 (e) The Secretary shall report quarterly on all prop4 erties covered by this section that are assessed through 

5 the Real Estate Assessment Center and have UPCS phys6 ical inspection scores of less than 60 or have received an 

7 unsatisfactory management and occupancy review within 

8 the past 36 months. The report shall include— 

9 (1) the enforcement actions being taken to ad10 dress such conditions, including imposition of civil 

11 money penalties and termination of subsidies, and 

12 identify properties that have such conditions mul13 tiple times; 

14 (2) actions that the Department of Housing 

15 and Urban Development is taking to protect tenants 

16 of such identified properties; and 

17 (3) any administrative or legislative rec18 ommendations to further improve the living condi19 tions at properties covered under a housing assist20 ance payment contract. 

21 This report shall be due to the Senate and House Commit22 tees on Appropriations no later than 30 days after the 

23 enactment of this Act, and on the first business day of 

24 each Federal fiscal year quarter thereafter while this sec25 tion remains in effect. 


pbinns on DSK79D2C42PROD with BILLS
585 

HR 21 PCS 

1 SEC. 222. None of the funds made available by this 

2 Act, or any other Act, for purposes authorized under sec3 tion 8 (only with respect to the tenant-based rental assist4 ance program) and section 9 of the United States Housing 

5 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 

6 any public housing agency for any amount of salary, in7 cluding bonuses, for the chief executive officer of which, 

8 or any other official or employee of which, that exceeds 

9 the annual rate of basic pay payable for a position at level 

10 IV of the Executive Schedule at any time during any pub11 lic housing agency fiscal year 2019. 

12 SEC. 223. None of the funds in this Act provided to 

13 the Department of Housing and Urban Development may 

14 be used to make a grant award unless the Secretary noti15 fies the House and Senate Committees on Appropriations 

16 not less than 3 full business days before any project, 

17 State, locality, housing authority, tribe, nonprofit organi18 zation, or other entity selected to receive a grant award 

19 is announced by the Department or its offices. 

20 SEC. 224. None of the funds made available by this 

21 Act may be used to require or enforce the Physical Needs 

22 Assessment (PNA). 

23 SEC. 225. None of the funds made available in this 

24 Act shall be used by the Federal Housing Administration, 

25 the Government National Mortgage Administration, or the 


pbinns on DSK79D2C42PROD with BILLS
586 

HR 21 PCS 

1 Department of Housing and Urban Development to in2 sure, securitize, or establish a Federal guarantee of any 

3 mortgage or mortgage backed security that refinances or 

4 otherwise replaces a mortgage that has been subject to 

5 eminent domain condemnation or seizure, by a State, mu6 nicipality, or any other political subdivision of a State. 

7 SEC. 226. None of the funds made available by this 

8 Act may be used to terminate the status of a unit of gen9 eral local government as a metropolitan city (as defined 

10 in section 102 of the Housing and Community Develop11 ment Act of 1974 (42 U.S.C. 5302)) with respect to 

12 grants under section 106 of such Act (42 U.S.C. 5306). 

13 SEC. 227. Amounts made available under this Act 

14 which are either appropriated, allocated, advanced on a 

15 reimbursable basis, or transferred to the Office of Policy 

16 Development and Research in the Department of Housing 

17 and Urban Development and functions thereof, for re18 search, evaluation, or statistical purposes, and which are 

19 unexpended at the time of completion of a contract, grant, 

20 or cooperative agreement, may be deobligated and shall 

21 immediately become available and may be reobligated in 

22 that fiscal year or the subsequent fiscal year for the re23 search, evaluation, or statistical purposes for which the 

24 amounts are made available to that Office subject to re25 programming requirements in section 405 of this Act. 


pbinns on DSK79D2C42PROD with BILLS
587 

HR 21 PCS 

1 SEC. 228. None of the funds provided in this Act or 

2 any other act may be used for awards, including perform3 ance, special act, or spot, for any employee of the Depart4 ment of Housing and Urban Development who has been 

5 subject to administrative discipline in fiscal years 2018 or 

6 2019, including suspension from work. 

7 SEC. 229. Funds made available in this title under 

8 the heading ‘‘Homeless Assistance Grants’’ may be used 

9 by the Secretary to participate in Performance Partner10 ship Pilots authorized under section 526 of division H of 

11 Public Law 113–76, section 524 of division G of Public 

12 Law 113–235, section 525 of division H of Public Law 

13 114–113, and such authorities as are enacted for Perform14 ance Partnership Pilots in an appropriations Act for fiscal 

15 year 2019: Provided, That such participation shall be lim16 ited to no more than 10 continuums of care and housing 

17 activities to improve outcomes for disconnected youth. 

18 SEC. 230. With respect to grant amounts awarded 

19 under the heading ‘‘Homeless Assistance Grants’’ for fis20 cal years 2015, 2016, 2017, 2018 and 2019 for the con21 tinuum of care (CoC) program as authorized under sub22 title C of title IV of the McKinney-Vento Homeless Assist23 ance Act, costs paid by program income of grant recipients 

24 may count toward meeting the recipient’s matching reVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00587 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
588 

HR 21 PCS 

1 quirements, provided the costs are eligible CoC costs that 

2 supplement the recipient’s CoC program. 

3 SEC. 231. (a) From amounts made available under 

4 this title under the heading ‘‘Homeless Assistance 

5 Grants’’, the Secretary may award 1-year transition 

6 grants to recipients of funds for activities under subtitle 

7 C of the McKinney-Vento Homeless Assistance Act (42 

8 U.S.C. 11381 et seq.) to transition from one Continuum 

9 of Care program component to another. 

10 (b) No more than 50 percent of each transition grant 

11 may be used for costs of eligible activities of the program 

12 component originally funded. 

13 (c) Transition grants made under this section are eli14 gible for renewal in subsequent fiscal years for the eligible 

15 activities of the new program component. 

16 (d) In order to be eligible to receive a transition 

17 grant, the funding recipient must have the consent of the 

18 Continuum of Care and meet standards determined by the 

19 Secretary. 

20 SEC. 232. None of the funds made available by this 

21 Act may be used by the Department of Housing and 

22 Urban Development to direct a grantee to undertake spe23 cific changes to existing zoning laws as part of carrying 

24 out the final rule entitled ‘‘Affirmatively Furthering Fair 

25 Housing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the 


pbinns on DSK79D2C42PROD with BILLS
589 

HR 21 PCS 

1 notice entitled ‘‘Affirmatively Furthering Fair Housing 

2 Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 

3 2014)). 

4 SEC. 233. Section 218(g) of the Cranston-Gonzalez 

5 National Affordable Housing Act (42 U.S.C. 12748(g)) 

6 shall not apply with respect to the right of a jurisdiction 

7 to draw funds from its HOME Investment Trust Fund 

8 that otherwise expired or would expire in 2016, 2017, 

9 2018, 2019, 2020 or 2021 under that section. 

10 SEC. 234. The Promise Zone designations and Prom11 ise Zone Designation Agreements entered into pursuant 

12 to such designations, made by the Secretary of Housing 

13 and Urban Development in prior fiscal years, shall remain 

14 in effect in accordance with the terms and conditions of 

15 such agreements. 

16 SEC. 235. The Secretary shall initiate a comprehen17 sive review of existing public housing and tenant-based 

18 rental assistance regulations and related notices and other 

19 guidance documents to identify opportunities to streamline 

20 the administration of such programs while also ensuring 

21 compliance with Federal financial and internal control re22 quirements. The Secretary shall establish a regulatory ad23 visory committee, composed of program and research ex24 perts from the Department, a fair representation of public 

25 housing agencies, and independent subject matter experts 


pbinns on DSK79D2C42PROD with BILLS
590 

HR 21 PCS 

1 in housing policy, property management, and Federal 

2 grant management, which shall advise the Secretary with 

3 respect to specific policy proposals to reduce administra4 tive burden. The Secretary, in consultation with the advi5 sory committee, shall submit a report on the results of 

6 such regulatory review to the House and Senate Commit7 tees on Appropriations no later than one year after the 

8 date of enactment of this Act. 

9 SEC. 236. None of the funds made available by this 

10 Act may be used to establish and apply a ranking factor 

11 in the selection and award of any funds made available 

12 and requiring competitive selection under this Act, includ13 ing preference or bonus points or other incentives for par14 ticipation in or coordination with EnVision Centers. 

15 SEC. 237. (a) The Secretary of Housing and Urban 

16 Development shall continue to engage in efforts authorized 

17 by the Violence Against Women Reauthorization Act of 

18 2013 (Public Law 113–4; 127 Stat. 54) to ensure that 

19 survivors of domestic violence and sexual assault are not 

20 unlawfully evicted or denied housing by certain landlords 

21 based on their experience as survivors. 

22 (b) Not later than 180 days after the date of enact23 ment of this Act, the Secretary of Housing and Urban 

24 Development shall submit to Congress a report on the ef25 forts described in subsection (a). 


pbinns on DSK79D2C42PROD with BILLS
591 

HR 21 PCS 

1 SEC. 238. None of the funds made available under 

2 this Act may be used to provide housing assistance bene3 fits for an individual who is convicted of— 

4 (1) aggravated sexual abuse under section 2241 

5 of title 18, United States Code; 

6 (2) murder under section 1111 of title 18, 

7 United States Code; or 

8 (3) any other Federal or State offense involv9 ing— 

10 (A) severe forms of trafficking in persons 

11 or sex trafficking, as those terms are defined in 

12 paragraphs (9) and (10), respectively, of section 

13 103 of the Trafficking Victims Protection Act 

14 of 2000 (22 U.S.C. 7102); or 

15 (B) child pornography, as defined in sec16 tion 2256 of title 18, United States Code. 

17 This title may be cited as the ‘‘Department of Hous18 ing and Urban Development Appropriations Act, 2019’’. 

19 TITLE III 

20 RELATED AGENCIES 

21 ACCESS BOARD

22 SALARIES AND EXPENSES

23 For expenses necessary for the Access Board, as au24 thorized by section 502 of the Rehabilitation Act of 1973, 

25 as amended, $8,400,000: Provided, That, notwithstanding 


pbinns on DSK79D2C42PROD with BILLS
592 

HR 21 PCS 

1 any other provision of law, there may be credited to this 

2 appropriation funds received for publications and training 

3 expenses. 

4 FEDERAL MARITIME COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Federal Maritime 

7 Commission as authorized by section 201(d) of the Mer8 chant Marine Act, 1936, as amended (46 U.S.C. 307), in9 cluding services as authorized by 5 U.S.C. 3109; hire of 

10 passenger motor vehicles as authorized by 31 U.S.C. 

11 1343(b); and uniforms or allowances therefore, as author12 ized by 5 U.S.C. 5901–5902, $27,490,000: Provided, That 

13 not to exceed $2,000 shall be available for official recep14 tion and representation expenses. 

15 NATIONAL RAILROAD PASSENGER CORPORATION

16 OFFICE OF INSPECTOR GENERAL

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of Inspector 

19 General for the National Railroad Passenger Corporation 

20 to carry out the provisions of the Inspector General Act 

21 of 1978, as amended, $23,274,000: Provided, That the In22 spector General shall have all necessary authority, in car23 rying out the duties specified in the Inspector General Act, 

24 as amended (5 U.S.C. App. 3), to investigate allegations 

25 of fraud, including false statements to the government (18 


pbinns on DSK79D2C42PROD with BILLS
593 

HR 21 PCS 

1 U.S.C. 1001), by any person or entity that is subject to 

2 regulation by the National Railroad Passenger Corpora3 tion: Provided further, That the Inspector General may 

4 enter into contracts and other arrangements for audits, 

5 studies, analyses, and other services with public agencies 

6 and with private persons, subject to the applicable laws 

7 and regulations that govern the obtaining of such services 

8 within the National Railroad Passenger Corporation: Pro9 vided further, That the Inspector General may select, ap10 point, and employ such officers and employees as may be 

11 necessary for carrying out the functions, powers, and du12 ties of the Office of Inspector General, subject to the appli13 cable laws and regulations that govern such selections, ap14 pointments, and employment within the Corporation: Pro15 vided further, That concurrent with the President’s budget 

16 request for fiscal year 2020, the Inspector General shall 

17 submit to the House and Senate Committees on Appro18 priations a budget request for fiscal year 2020 in similar 

19 format and substance to those submitted by executive 

20 agencies of the Federal Government: Provided further, 

21 That not later than 240 days after the date of enactment 

22 of this Act, the Inspector General shall update the report 

23 entitled ‘‘Effects of Amtrak’s Poor On-Time Perform24 ance’’, numbered CR–2008–047, and dated March 28, 

25 2008, and make the updated report publicly available. 


pbinns on DSK79D2C42PROD with BILLS
594 

HR 21 PCS 

1 NATIONAL TRANSPORTATION SAFETY BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Transpor4 tation Safety Board, including hire of passenger motor ve5 hicles and aircraft; services as authorized by 5 U.S.C. 

6 3109, but at rates for individuals not to exceed the per 

7 diem rate equivalent to the rate for a GS–15; uniforms, 

8 or allowances therefor, as authorized by law (5 U.S.C. 

9 5901–5902), $110,400,000, of which not to exceed $2,000 

10 may be used for official reception and representation ex11 penses. The amounts made available to the National 

12 Transportation Safety Board in this Act include amounts 

13 necessary to make lease payments on an obligation in14 curred in fiscal year 2001 for a capital lease. 

15 NEIGHBORHOOD REINVESTMENT CORPORATION

16 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

17 CORPORATION

18 For payment to the Neighborhood Reinvestment Cor19 poration for use in neighborhood reinvestment activities, 

20 as authorized by the Neighborhood Reinvestment Corpora21 tion Act (42 U.S.C. 8101–8107), $145,000,000, of which 

22 $5,000,000 shall be for a multi-family rental housing pro23 gram: Provided, That an additional $2,000,000, to remain 

24 available until September 30, 2023, shall be for the pro25 motion and development of shared equity housing models. 


pbinns on DSK79D2C42PROD with BILLS
595 

HR 21 PCS 

1 SURFACE TRANSPORTATION BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the Surface Transpor4 tation Board, including services authorized by 5 U.S.C. 

5 3109, $37,100,000: Provided, That notwithstanding any 

6 other provision of law, not to exceed $1,250,000 from fees 

7 established by the Chairman of the Surface Transpor8 tation Board shall be credited to this appropriation as off9 setting collections and used for necessary and authorized 

10 expenses under this heading: Provided further, That the 

11 sum herein appropriated from the general fund shall be 

12 reduced on a dollar-for-dollar basis as such offsetting col13 lections are received during fiscal year 2019, to result in 

14 a final appropriation from the general fund estimated at 

15 no more than $35,850,000. 

16 UNITED STATES INTERAGENCY COUNCIL ON

17 HOMELESSNESS

18 OPERATING EXPENSES

19 For necessary expenses (including payment of sala20 ries, authorized travel, hire of passenger motor vehicles, 

21 the rental of conference rooms, and the employment of ex22 perts and consultants under section 3109 of title 5, United 

23 States Code) of the United States Interagency Council on 

24 Homelessness in carrying out the functions pursuant to 

25 title II of the McKinney-Vento Homeless Assistance Act, 


pbinns on DSK79D2C42PROD with BILLS
596 

HR 21 PCS 

1 as amended, $3,600,000: Provided, That the first proviso 

2 in Public Law 115–141 under the heading ‘‘United States 

3 Interagency Council on Homelessness—Operating Ex4 penses’’ is amended by striking ‘‘2020’’ and inserting 

5 ‘‘2021’’. 

6 TITLE IV 

7 GENERAL PROVISIONS—THIS ACT 

8 SEC. 401. None of the funds in this Act shall be used 

9 for the planning or execution of any program to pay the 

10 expenses of, or otherwise compensate, non-Federal parties 

11 intervening in regulatory or adjudicatory proceedings 

12 funded in this Act. 

13 SEC. 402. None of the funds appropriated in this Act 

14 shall remain available for obligation beyond the current 

15 fiscal year, nor may any be transferred to other appropria16 tions, unless expressly so provided herein. 

17 SEC. 403. The expenditure of any appropriation 

18 under this Act for any consulting service through a pro19 curement contract pursuant to section 3109 of title 5, 

20 United States Code, shall be limited to those contracts 

21 where such expenditures are a matter of public record and 

22 available for public inspection, except where otherwise pro23 vided under existing law, or under existing Executive order 

24 issued pursuant to existing law. 


pbinns on DSK79D2C42PROD with BILLS
597 

HR 21 PCS 

1 SEC. 404. (a) None of the funds made available in 

2 this Act may be obligated or expended for any employee 

3 training that— 

4 (1) does not meet identified needs for knowl5 edge, skills, and abilities bearing directly upon the 

6 performance of official duties; 

7 (2) contains elements likely to induce high lev8 els of emotional response or psychological stress in 

9 some participants; 

10 (3) does not require prior employee notification 

11 of the content and methods to be used in the train12 ing and written end of course evaluation; 

13 (4) contains any methods or content associated 

14 with religious or quasi-religious belief systems or 

15 ‘‘new age’’ belief systems as defined in Equal Em16 ployment Opportunity Commission Notice N– 

17 915.022, dated September 2, 1988; or 

18 (5) is offensive to, or designed to change, par19 ticipants’ personal values or lifestyle outside the 

20 workplace. 

21 (b) Nothing in this section shall prohibit, restrict, or 

22 otherwise preclude an agency from conducting training 

23 bearing directly upon the performance of official duties. 

24 SEC. 405. Except as otherwise provided in this Act, 

25 none of the funds provided in this Act, provided by preVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00597 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
598 

HR 21 PCS 

1 vious appropriations Acts to the agencies or entities fund2 ed in this Act that remain available for obligation or ex3 penditure in fiscal year 2019, or provided from any ac4 counts in the Treasury derived by the collection of fees 

5 and available to the agencies funded by this Act, shall be 

6 available for obligation or expenditure through a re7 programming of funds that— 

8 (1) creates a new program; 

9 (2) eliminates a program, project, or activity; 

10 (3) increases funds or personnel for any pro11 gram, project, or activity for which funds have been 

12 denied or restricted by the Congress; 

13 (4) proposes to use funds directed for a specific 

14 activity by either the House or Senate Committees 

15 on Appropriations for a different purpose; 

16 (5) augments existing programs, projects, or ac17 tivities in excess of $5,000,000 or 10 percent, which18 ever is less; 

19 (6) reduces existing programs, projects, or ac20 tivities by $5,000,000 or 10 percent, whichever is 

21 less; or 

22 (7) creates, reorganizes, or restructures a 

23 branch, division, office, bureau, board, commission, 

24 agency, administration, or department different from 

25 the budget justifications submitted to the CommitVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
599 

HR 21 PCS 

1 tees on Appropriations or the tables in the explana2 tory statement described in section 3 (in the matter 

3 preceding division A of this consolidated Act), which4 ever is more detailed, unless prior approval is re5 ceived from the House and Senate Committees on 

6 Appropriations: Provided, That not later than 60 

7 days after the date of enactment of this Act, each 

8 agency funded by this Act shall submit a report to 

9 the Committees on Appropriations of the Senate and 

10 of the House of Representatives to establish the 

11 baseline for application of reprogramming and trans12 fer authorities for the current fiscal year: Provided 

13 further, That the report shall include— 

14 (A) a table for each appropriation with a 

15 separate column to display the prior year en16 acted level, the President’s budget request, ad17 justments made by Congress, adjustments due 

18 to enacted rescissions, if appropriate, and the 

19 fiscal year enacted level; 

20 (B) a delineation in the table for each ap21 propriation and its respective prior year enacted 

22 level by object class and program, project, and 

23 activity as detailed in the budget appendix for 

24 the respective appropriation; and 


pbinns on DSK79D2C42PROD with BILLS
600 

HR 21 PCS 

1 (C) an identification of items of special 

2 congressional interest. 

3 SEC. 406. Except as otherwise specifically provided 

4 by law, not to exceed 50 percent of unobligated balances 

5 remaining available at the end of fiscal year 2019 from 

6 appropriations made available for salaries and expenses 

7 for fiscal year 2019 in this Act, shall remain available 

8 through September 30, 2020, for each such account for 

9 the purposes authorized: Provided, That a request shall 

10 be submitted to the House and Senate Committees on Ap11 propriations for approval prior to the expenditure of such 

12 funds: Provided further, That these requests shall be made 

13 in compliance with reprogramming guidelines under sec14 tion 405 of this Act. 

15 SEC. 407. No funds in this Act may be used to sup16 port any Federal, State, or local projects that seek to use 

17 the power of eminent domain, unless eminent domain is 

18 employed only for a public use: Provided, That for pur19 poses of this section, public use shall not be construed to 

20 include economic development that primarily benefits pri21 vate entities: Provided further, That any use of funds for 

22 mass transit, railroad, airport, seaport or highway 

23 projects, as well as utility projects which benefit or serve 

24 the general public (including energy-related, communica25 tion-related, water-related and wastewater-related infraVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00600 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
601 

HR 21 PCS 

1 structure), other structures designated for use by the gen2 eral public or which have other common-carrier or public3 utility functions that serve the general public and are sub4 ject to regulation and oversight by the government, and 

5 projects for the removal of an immediate threat to public 

6 health and safety or brownfields as defined in the Small 

7 Business Liability Relief and Brownfields Revitalization 

8 Act (Public Law 107–118) shall be considered a public 

9 use for purposes of eminent domain. 

10 SEC. 408. None of the funds made available in this 

11 Act may be transferred to any department, agency, or in12 strumentality of the United States Government, except 

13 pursuant to a transfer made by, or transfer authority pro14 vided in, this Act or any other appropriations Act. 

15 SEC. 409. No part of any appropriation contained in 

16 this Act shall be available to pay the salary for any person 

17 filling a position, other than a temporary position, for18 merly held by an employee who has left to enter the Armed 

19 Forces of the United States and has satisfactorily com20 pleted his or her period of active military or naval service, 

21 and has within 90 days after his or her release from such 

22 service or from hospitalization continuing after discharge 

23 for a period of not more than 1 year, made application 

24 for restoration to his or her former position and has been 

25 certified by the Office of Personnel Management as still 


pbinns on DSK79D2C42PROD with BILLS
602 

HR 21 PCS 

1 qualified to perform the duties of his or her former posi2 tion and has not been restored thereto. 

3 SEC. 410. No funds appropriated pursuant to this 

4 Act may be expended by an entity unless the entity agrees 

5 that in expending the assistance the entity will comply 

6 with sections 2 through 4 of the Act of March 3, 1933 

7 (41 U.S.C. 8301–8305, popularly known as the ‘‘Buy 

8 American Act’’). 

9 SEC. 411. No funds appropriated or otherwise made 

10 available under this Act shall be made available to any 

11 person or entity that has been convicted of violating the 

12 Buy American Act (41 U.S.C. 8301–8305). 

13 SEC. 412. None of the funds made available in this 

14 Act may be used for first-class airline accommodations in 

15 contravention of sections 301–10.122 and 301–10.123 of 

16 title 41, Code of Federal Regulations. 

17 SEC. 413. (a) None of the funds made available by 

18 this Act may be used to approve a new foreign air carrier 

19 permit under sections 41301 through 41305 of title 49, 

20 United States Code, or exemption application under sec21 tion 40109 of that title of an air carrier already holding 

22 an air operators certificate issued by a country that is 

23 party to the U.S.-E.U.-Iceland-Norway Air Transport 

24 Agreement where such approval would contravene United 


pbinns on DSK79D2C42PROD with BILLS
603 

HR 21 PCS 

1 States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor2 way Air Transport Agreement. 

3 (b) Nothing in this section shall prohibit, restrict or 

4 otherwise preclude the Secretary of Transportation from 

5 granting a foreign air carrier permit or an exemption to 

6 such an air carrier where such authorization is consistent 

7 with the U.S.-E.U.-Iceland-Norway Air Transport Agree8 ment and United States law. 

9 SEC. 414. None of the funds made available in this 

10 Act may be used to send or otherwise pay for the attend11 ance of more than 50 employees of a single agency or de12 partment of the United States Government, who are sta13 tioned in the United States, at any single international 

14 conference unless the relevant Secretary reports to the 

15 House and Senate Committees on Appropriations at least 

16 5 days in advance that such attendance is important to 

17 the national interest: Provided, That for purposes of this 

18 section the term ‘‘international conference’’ shall mean a 

19 conference occurring outside of the United States attended 

20 by representatives of the United States Government and 

21 of foreign governments, international organizations, or 

22 nongovernmental organizations. 

23 SEC. 415. None of the funds appropriated or other24 wise made available under this Act may be used by the 

25 Surface Transportation Board to charge or collect any filVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00603 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
604 

HR 21 PCS 

1 ing fee for rate or practice complaints filed with the Board 

2 in an amount in excess of the amount authorized for dis3 trict court civil suit filing fees under section 1914 of title 

4 28, United States Code. 

5 SEC. 416. None of the funds made available by this 

6 Act may be used by the Department of Transportation, 

7 the Department of Housing and Urban Development, or 

8 any other Federal agency to lease or purchase new light 

9 duty vehicles for any executive fleet, or for an agency’s 

10 fleet inventory, except in accordance with Presidential 

11 Memorandum—Federal Fleet Performance, dated May 

12 24, 2011. 

13 SEC. 417. (a) None of the funds made available in 

14 this Act may be used to maintain or establish a computer 

15 network unless such network blocks the viewing, 

16 downloading, and exchanging of pornography. 

17 (b) Nothing in subsection (a) shall limit the use of 

18 funds necessary for any Federal, State, tribal, or local law 

19 enforcement agency or any other entity carrying out crimi20 nal investigations, prosecution, or adjudication activities. 

21 SEC. 418. (a) None of the funds made available in 

22 this Act may be used to deny an Inspector General funded 

23 under this Act timely access to any records, documents, 

24 or other materials available to the department or agency 

25 over which that Inspector General has responsibilities 


pbinns on DSK79D2C42PROD with BILLS
605 

HR 21 PCS 

1 under the Inspector General Act of 1978 (5 U.S.C. App.), 

2 or to prevent or impede that Inspector General’s access 

3 to such records, documents, or other materials, under any 

4 provision of law, except a provision of law that expressly 

5 refers to the Inspector General and expressly limits the 

6 Inspector General’s right of access. 

7 (b) A department or agency covered by this section 

8 shall provide its Inspector General with access to all such 

9 records, documents, and other materials in a timely man10 ner. 

11 (c) Each Inspector General shall ensure compliance 

12 with statutory limitations on disclosure relevant to the in13 formation provided by the establishment over which that 

14 Inspector General has responsibilities under the Inspector 

15 General Act of 1978 (5 U.S.C. App.). 

16 (d) Each Inspector General covered by this section 

17 shall report to the Committees on Appropriations of the 

18 House of Representatives and the Senate within 5 cal19 endar days any failures to comply with this requirement. 

20 SEC. 419. None of the funds appropriated or other21 wise made available by this Act may be used to pay award 

22 or incentive fees for contractors whose performance has 

23 been judged to be below satisfactory, behind schedule, over 

24 budget, or has failed to meet the basic requirements of 

25 a contract, unless the Agency determines that any such 


pbinns on DSK79D2C42PROD with BILLS
606 

HR 21 PCS 

1 deviations are due to unforeseeable events, government2 driven scope changes, or are not significant within the 

3 overall scope of the project and/or program unless such 

4 awards or incentive fees are consistent with 16.401(e)(2) 

5 of the FAR. 

6 SEC. 420. (a) Section 420 (a) None of the funds ap7 propriated or otherwise made available under this Act may 

8 be used to acquire telecommunications equipment pro9 duced by Huawei Technologies Company, ZTE Corpora10 tion or a high-impact or moderate-impact information sys11 tem, as defined for security categorization in the National 

12 Institute of Standards and Technology’s (NIST) Federal 

13 Information Processing Standard Publication 199, 

14 ‘‘Standards for Security Categorization of Federal Infor15 mation and Information Systems’’ unless the agency 

16 has— 

17 (1) reviewed the supply chain risk for the infor18 mation systems against criteria developed by NIST 

19 to inform acquisition decisions for high-impact and 

20 moderate-impact information systems within the 

21 Federal Government; 

22 (2) reviewed the supply chain risk from the pre23 sumptive awardee against available and relevant 

24 threat information provided by the Federal Bureau 

25 of Investigation and other appropriate agencies; and 


pbinns on DSK79D2C42PROD with BILLS
607 

HR 21 PCS 

1 (3) in consultation with the Federal Bureau of 

2 Investigation or other appropriate Federal entity, 

3 conducted an assessment of any risk of cyber-espio4 nage or sabotage associated with the acquisition of 

5 such system, including any risk associated with such 

6 system being produced, manufactured, or assembled 

7 by one or more entities identified by the United 

8 States Government as posing a cyber threat, includ9 ing but not limited to, those that may be owned, di10 rected, or subsidized by the People’s Republic of 

11 China, the Islamic Republic of Iran, the Democratic 

12 People’s Republic of Korea, or the Russian Federa13 tion. 

14 (b) None of the funds appropriated or otherwise 

15 made available under this Act may be used to acquire a 

16 high-impact or moderate impact information system re17 viewed and assessed under subsection (a) unless the head 

18 of the assessing entity described in subsection (a) has— 

19 (1) developed, in consultation with NIST and 

20 supply chain risk management experts, a mitigation 

21 strategy for any identified risks; 

22 (2) determined, in consultation with NIST and 

23 the Federal Bureau of Investigation, that the acqui24 sition of such system is in the vital national security 

25 interest of the United States; and 


pbinns on DSK79D2C42PROD with BILLS
608 

HR 21 PCS 

1 (3) reported that determination to the Commit2 tees on Appropriations of the House of Representa3 tives and the Senate in a manner that identifies the 

4 system intended for acquisition and a detailed de5 scription of the mitigation strategies identified in 

6 (1), provided that such report may include a classi7 fied annex as necessary. 

8 This division may be cited as the ‘‘Transportation, 

9 Housing and Urban Development, and Related Agencies 

10 Appropriations Act, 2019’’. 

11 DIVISION E—COMMERCE AND 

12 JUSTICE, SCIENCE, AND RE13 LATED AGENCIES APPRO14 PRIATIONS ACT, 2019 

15 That the following sums are appropriated, out of any 

16 money in the Treasury not otherwise appropriated, for the 

17 Departments of Commerce and Justice, Science, and Re18 lated Agencies for the fiscal year ending September 30, 

19 2019, and for other purposes, namely: 

20 TITLE I 

21 DEPARTMENT OF COMMERCE 

22 INTERNATIONAL TRADE ADMINISTRATION

23 OPERATIONS AND ADMINISTRATION

24 For necessary expenses for international trade activi25 ties of the Department of Commerce provided for by law, 


pbinns on DSK79D2C42PROD with BILLS
609 

HR 21 PCS 

1 and for engaging in trade promotional activities abroad, 

2 including expenses of grants and cooperative agreements 

3 for the purpose of promoting exports of United States 

4 firms, without regard to sections 3702 and 3703 of title 

5 44, United States Code; full medical coverage for depend6 ent members of immediate families of employees stationed 

7 overseas and employees temporarily posted overseas; travel 

8 and transportation of employees of the International 

9 Trade Administration between two points abroad, without 

10 regard to section 40118 of title 49, United States Code; 

11 employment of citizens of the United States and aliens by 

12 contract for services; rental of space abroad for periods 

13 not exceeding 10 years, and expenses of alteration, repair, 

14 or improvement; purchase or construction of temporary 

15 demountable exhibition structures for use abroad; pay16 ment of tort claims, in the manner authorized in the first 

17 paragraph of section 2672 of title 28, United States Code, 

18 when such claims arise in foreign countries; not to exceed 

19 $294,300 for official representation expenses abroad; pur20 chase of passenger motor vehicles for official use abroad, 

21 not to exceed $45,000 per vehicle; obtaining insurance on 

22 official motor vehicles; and rental of tie lines, 

23 $499,000,000, to remain available until September 30, 

24 2020, of which $11,000,000 is to be derived from fees to 

25 be retained and used by the International Trade AdminisVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00609 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
610 

HR 21 PCS 

1 tration, notwithstanding section 3302 of title 31, United 

2 States Code: Provided, That, of amounts provided under 

3 this heading, not less than $16,400,000 shall be for China 

4 antidumping and countervailing duty enforcement and 

5 compliance activities: Provided further, That the provisions 

6 of the first sentence of section 105(f) and all of section 

7 108(c) of the Mutual Educational and Cultural Exchange 

8 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 

9 in carrying out these activities; and that for the purpose 

10 of this Act, contributions under the provisions of the Mu11 tual Educational and Cultural Exchange Act of 1961 shall 

12 include payment for assessments for services provided as 

13 part of these activities. 

14 BUREAU OF INDUSTRY AND SECURITY

15 OPERATIONS AND ADMINISTRATION

16 For necessary expenses for export administration and 

17 national security activities of the Department of Com18 merce, including costs associated with the performance of 

19 export administration field activities both domestically and 

20 abroad; full medical coverage for dependent members of 

21 immediate families of employees stationed overseas; em22 ployment of citizens of the United States and aliens by 

23 contract for services abroad; payment of tort claims, in 

24 the manner authorized in the first paragraph of section 

25 2672 of title 28, United States Code, when such claims 


pbinns on DSK79D2C42PROD with BILLS
611 

HR 21 PCS 

1 arise in foreign countries; not to exceed $13,500 for offi2 cial representation expenses abroad; awards of compensa3 tion to informers under the Export Administration Act of 

4 1979, and as authorized by section 1(b) of the Act of June 

5 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase 

6 of passenger motor vehicles for official use and motor vehi7 cles for law enforcement use with special requirement vehi8 cles eligible for purchase without regard to any price limi9 tation otherwise established by law, $121,600,000, to re10 main available until expended: Provided, That the provi11 sions of the first sentence of section 105(f) and all of sec12 tion 108(c) of the Mutual Educational and Cultural Ex13 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 

14 apply in carrying out these activities: Provided further, 

15 That payments and contributions collected and accepted 

16 for materials or services provided as part of such activities 

17 may be retained for use in covering the cost of such activi18 ties, and for providing information to the public with re19 spect to the export administration and national security 

20 activities of the Department of Commerce and other ex21 port control programs of the United States and other gov22 ernments. 


pbinns on DSK79D2C42PROD with BILLS
612 

HR 21 PCS 

1 ECONOMIC DEVELOPMENT ADMINISTRATION

2 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

3 For grants for economic development assistance as 

4 provided by the Public Works and Economic Development 

5 Act of 1965, for trade adjustment assistance, and for 

6 grants authorized by section 27 of the Stevenson-Wydler 

7 Technology Innovation Act of 1980 (15 U.S.C. 3722), 

8 $266,500,000, to remain available until expended, of 

9 which $25,000,000 shall be for grants under such section 

10 27. 

11 SALARIES AND EXPENSES

12 For necessary expenses of administering the eco13 nomic development assistance programs as provided for by 

14 law, $39,000,000: Provided, That these funds may be used 

15 to monitor projects approved pursuant to title I of the 

16 Public Works Employment Act of 1976, title II of the 

17 Trade Act of 1974, section 27 of the Stevenson-Wydler 

18 Technology Innovation Act of 1980 (15 U.S.C. 3722), and 

19 the Community Emergency Drought Relief Act of 1977. 

20 MINORITY BUSINESS DEVELOPMENT AGENCY

21 MINORITY BUSINESS DEVELOPMENT

22 For necessary expenses of the Department of Com23 merce in fostering, promoting, and developing minority 

24 business enterprise, including expenses of grants, conVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00612 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
613 

HR 21 PCS 

1 tracts, and other agreements with public or private organi2 zations, $39,000,000. 

3 ECONOMIC AND STATISTICAL ANALYSIS

4 SALARIES AND EXPENSES

5 For necessary expenses, as authorized by law, of eco6 nomic and statistical analysis programs of the Department 

7 of Commerce, $102,000,000, to remain available until 

8 September 30, 2020. 

9 BUREAU OF THE CENSUS

10 CURRENT SURVEYS AND PROGRAMS

11 For necessary expenses for collecting, compiling, ana12 lyzing, preparing, and publishing statistics, provided for 

13 by law, $270,000,000: Provided, That, from amounts pro14 vided herein, funds may be used for promotion, outreach, 

15 and marketing activities: Provided further, That the Bu16 reau of the Census shall collect and analyze data for the 

17 Annual Social and Economic Supplement to the Current 

18 Population Survey using the same health insurance ques19 tions included in previous years, in addition to the revised 

20 questions implemented in the Current Population Survey 

21 beginning in February 2014. 

22 PERIODIC CENSUSES AND PROGRAMS

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses for collecting, compiling, ana25 lyzing, preparing, and publishing statistics for periodic 


pbinns on DSK79D2C42PROD with BILLS
614 

HR 21 PCS 

1 censuses and programs provided for by law, 

2 $3,551,388,000, to remain available until September 30, 

3 2021: Provided, That, from amounts provided herein, 

4 funds may be used for promotion, outreach, and mar5 keting activities: Provided further, That within the 

6 amounts appropriated, $3,556,000 shall be transferred to 

7 the ‘‘Office of Inspector General’’ account for activities as8 sociated with carrying out investigations and audits re9 lated to the Bureau of the Census: Provided further, That 

10 not more than 50 percent of the amounts made available 

11 under this heading for information technology related to 

12 2020 census delivery, including the Census Enterprise 

13 Data Collection and Processing (CEDCaP) program, may 

14 be obligated until the Secretary updates the previous ex15 penditure plan and resubmits to the Committees on Ap16 propriations of the House of Representatives and the Sen17 ate a plan for expenditure that: (1) identifies for each 

18 CEDCaP project/investment over $25,000: (A) the func19 tional and performance capabilities to be delivered and the 

20 mission benefits to be realized; (B) an updated estimated 

21 lifecycle cost, including cumulative expenditures to date by 

22 fiscal year, and all revised estimates for development, 

23 maintenance, and operations; (C) key milestones to be 

24 met; and (D) impacts of cost variances on other Census 

25 programs; (2) details for each project/investment: (A) reaVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00614 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
615 

HR 21 PCS 

1 sons for any cost and schedule variances; and (B) top risks 

2 and mitigation strategies; and (3) has been submitted to 

3 the Government Accountability Office. 

4 NATIONAL TELECOMMUNICATIONS AND INFORMATION

5 ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses, as provided for by law, of 

8 the National Telecommunications and Information Ad9 ministration (NTIA), $39,500,000, to remain available 

10 until September 30, 2020: Provided, That, notwith11 standing 31 U.S.C. 1535(d), the Secretary of Commerce 

12 shall charge Federal agencies for costs incurred in spec13 trum management, analysis, operations, and related serv14 ices, and such fees shall be retained and used as offsetting 

15 collections for costs of such spectrum services, to remain 

16 available until expended: Provided further, That the Sec17 retary of Commerce is authorized to retain and use as off18 setting collections all funds transferred, or previously 

19 transferred, from other Government agencies for all costs 

20 incurred in telecommunications research, engineering, and 

21 related activities by the Institute for Telecommunication 

22 Sciences of NTIA, in furtherance of its assigned functions 

23 under this paragraph, and such funds received from other 

24 Government agencies shall remain available until ex25 pended. 


pbinns on DSK79D2C42PROD with BILLS
616 

HR 21 PCS 

1 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

2 AND CONSTRUCTION

3 For the administration of prior-year grants, recov4 eries and unobligated balances of funds previously appro5 priated are available for the administration of all open 

6 grants until their expiration. 

7 UNITED STATES PATENT AND TRADEMARK OFFICE

8 SALARIES AND EXPENSES

9 (INCLUDING TRANSFERS OF FUNDS)

10 For necessary expenses of the United States Patent 

11 and Trademark Office (USPTO) provided for by law, in12 cluding defense of suits instituted against the Under Sec13 retary of Commerce for Intellectual Property and Director 

14 of the USPTO, $3,370,000,000, to remain available until 

15 expended: Provided, That the sum herein appropriated 

16 from the general fund shall be reduced as offsetting collec17 tions of fees and surcharges assessed and collected by the 

18 USPTO under any law are received during fiscal year 

19 2019, so as to result in a fiscal year 2019 appropriation 

20 from the general fund estimated at $0: Provided further, 

21 That during fiscal year 2019, should the total amount of 

22 such offsetting collections be less than $3,370,000,000 

23 this amount shall be reduced accordingly: Provided fur24 ther, That any amount received in excess of 

25 $3,370,000,000 in fiscal year 2019 and deposited in the 


pbinns on DSK79D2C42PROD with BILLS
617 

HR 21 PCS 

1 Patent and Trademark Fee Reserve Fund shall remain 

2 available until expended: Provided further, That the Direc3 tor of USPTO shall submit a spending plan to the Com4 mittees on Appropriations of the House of Representatives 

5 and the Senate for any amounts made available by the 

6 preceding proviso and such spending plan shall be treated 

7 as a reprogramming under section 505 of this Act and 

8 shall not be available for obligation or expenditure except 

9 in compliance with the procedures set forth in that section: 

10 Provided further, That any amounts reprogrammed in ac11 cordance with the preceding proviso shall be transferred 

12 to the United States Patent and Trademark Office ‘‘Sala13 ries and Expenses’’ account: Provided further, That from 

14 amounts provided herein, not to exceed $900 shall be 

15 made available in fiscal year 2019 for official reception 

16 and representation expenses: Provided further, That in fis17 cal year 2019 from the amounts made available for ‘‘Sala18 ries and Expenses’’ for the USPTO, the amounts nec19 essary to pay (1) the difference between the percentage 

20 of basic pay contributed by the USPTO and employees 

21 under section 8334(a) of title 5, United States Code, and 

22 the normal cost percentage (as defined by section 

23 8331(17) of that title) as provided by the Office of Per24 sonnel Management (OPM) for USPTO’s specific use, of 

25 basic pay, of employees subject to subchapter III of chapVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00617 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
618 

HR 21 PCS 

1 ter 83 of that title, and (2) the present value of the other2 wise unfunded accruing costs, as determined by OPM for 

3 USPTO’s specific use of post-retirement life insurance 

4 and post-retirement health benefits coverage for all 

5 USPTO employees who are enrolled in Federal Employees 

6 Health Benefits (FEHB) and Federal Employees Group 

7 Life Insurance (FEGLI), shall be transferred to the Civil 

8 Service Retirement and Disability Fund, the FEGLI 

9 Fund, and the FEHB Fund, as appropriate, and shall be 

10 available for the authorized purposes of those accounts: 

11 Provided further, That any differences between the present 

12 value factors published in OPM’s yearly 300 series benefit 

13 letters and the factors that OPM provides for USPTO’s 

14 specific use shall be recognized as an imputed cost on 

15 USPTO’s financial statements, where applicable: Provided 

16 further, That, notwithstanding any other provision of law, 

17 all fees and surcharges assessed and collected by USPTO 

18 are available for USPTO only pursuant to section 42(c) 

19 of title 35, United States Code, as amended by section 

20 22 of the Leahy-Smith America Invents Act (Public Law 

21 112–29): Provided further, That within the amounts ap22 propriated, $1,000,000 shall be transferred to the ‘‘Office 

23 of Inspector General’’ account for activities associated 

24 with carrying out investigations and audits related to the 

25 USPTO. 


pbinns on DSK79D2C42PROD with BILLS
619 

HR 21 PCS 

1 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

2 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the National Institute of 

5 Standards and Technology (NIST), $724,500,000, to re6 main available until expended, of which not to exceed 

7 $9,000,000 may be transferred to the ‘‘Working Capital 

8 Fund’’: Provided, That not to exceed $5,000 shall be for 

9 official reception and representation expenses: Provided 

10 further, That NIST may provide local transportation for 

11 summer undergraduate research fellowship program par12 ticipants. 

13 INDUSTRIAL TECHNOLOGY SERVICES

14 For necessary expenses for industrial technology 

15 services, $155,000,000, to remain available until ex16 pended, of which $140,000,000 shall be for the Hollings 

17 Manufacturing Extension Partnership, and of which 

18 $15,000,000 shall be for the National Network for Manu19 facturing Innovation (also known as ‘‘Manufacturing 

20 USA’’). 

21 CONSTRUCTION OF RESEARCH FACILITIES

22 For construction of new research facilities, including 

23 architectural and engineering design, and for renovation 

24 and maintenance of existing facilities, not otherwise pro25 vided for the National Institute of Standards and TechVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00619 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
620 

HR 21 PCS 

1 nology, as authorized by sections 13 through 15 of the 

2 National Institute of Standards and Technology Act (15 

3 U.S.C. 278c–278e), $158,000,000, to remain available 

4 until expended: Provided, That the Secretary of Commerce 

5 shall include in the budget justification materials that the 

6 Secretary submits to Congress in support of the Depart7 ment of Commerce budget (as submitted with the budget 

8 of the President under section 1105(a) of title 31, United 

9 States Code) an estimate for each National Institute of 

10 Standards and Technology construction project having a 

11 total multi-year program cost of more than $5,000,000, 

12 and simultaneously the budget justification materials shall 

13 include an estimate of the budgetary requirements for 

14 each such project for each of the 5 subsequent fiscal years. 

15 NATIONAL OCEANIC AND ATMOSPHERIC

16 ADMINISTRATION

17 OPERATIONS, RESEARCH, AND FACILITIES

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses of activities authorized by law 

20 for the National Oceanic and Atmospheric Administration, 

21 including maintenance, operation, and hire of aircraft and 

22 vessels; pilot programs for state-led fisheries management, 

23 including cooperative enforcement activities with States, 

24 notwithstanding any other provision of law; grants, con25 tracts, or other payments to nonprofit organizations for 


pbinns on DSK79D2C42PROD with BILLS
621 

HR 21 PCS 

1 the purposes of conducting activities pursuant to coopera2 tive agreements; and relocation of facilities, 

3 $3,599,126,000, to remain available until September 30, 

4 2020, except that funds provided for cooperative enforce5 ment shall remain available until September 30, 2021: 

6 Provided, That fees and donations received by the Na7 tional Ocean Service for the management of national ma8 rine sanctuaries may be retained and used for the salaries 

9 and expenses associated with those activities, notwith10 standing section 3302 of title 31, United States Code: Pro11 vided further, That in addition, $157,980,000 shall be de12 rived by transfer from the fund entitled ‘‘Promote and De13 velop Fishery Products and Research Pertaining to Amer14 ican Fisheries’’, which shall only be used for fishery activi15 ties related to the Saltonstall-Kennedy Grant Program, 

16 Cooperative Research, Annual Stock Assessments, Survey 

17 and Monitoring Projects, Interjurisdictional Fisheries 

18 Grants, and Fish Information Networks: Provided further, 

19 That of the $3,774,606,000 provided for in direct obliga20 tions under this heading, $3,599,126,000 is appropriated 

21 from the general fund, $157,980,000 is provided by trans22 fer, and $17,500,000 is derived from recoveries of prior 

23 year obligations: Provided further, That any deviation 

24 from the amounts designated for specific activities in the 

25 tables in the explanatory statement described in section 


pbinns on DSK79D2C42PROD with BILLS
622 

HR 21 PCS 

1 3 (in the matter preceding division A of this consolidated 

2 Act), or any use of deobligated balances of funds provided 

3 under this heading in previous years, shall be subject to 

4 the procedures set forth in section 505 of this Act: Pro5 vided further, That in addition, for necessary retired pay 

6 expenses under the Retired Serviceman’s Family Protec7 tion and Survivor Benefits Plan, and for payments for the 

8 medical care of retired personnel and their dependents 

9 under the Dependents’ Medical Care Act (10 U.S.C. ch. 

10 55), such sums as may be necessary. 

11 PROCUREMENT, ACQUISITION AND CONSTRUCTION

12 (INCLUDING TRANSFER OF FUNDS)

13 For procurement, acquisition and construction of 

14 capital assets, including alteration and modification costs, 

15 of the National Oceanic and Atmospheric Administration, 

16 $1,806,479,000, to remain available until September 30, 

17 2021, except that funds provided for acquisition and con18 struction of vessels and construction of facilities shall re19 main available until expended: Provided, That of the 

20 $1,819,479,000 provided for in direct obligations under 

21 this heading, $1,806,479,000 is appropriated from the 

22 general fund and $13,000,000 is provided from recoveries 

23 of prior year obligations: Provided further, That any devi24 ation from the amounts designated for specific activities 

25 in the tables in the explanatory statement described in secVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00622 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
623 

HR 21 PCS 

1 tion 3 (in the matter preceding division A of this consoli2 dated Act), or any use of deobligated balances of funds 

3 provided under this heading in previous years, shall be 

4 subject to the procedures set forth in section 505 of this 

5 Act: Provided further, That the Secretary of Commerce 

6 shall include in budget justification materials that the Sec7 retary submits to Congress in support of the Department 

8 of Commerce budget (as submitted with the budget of the 

9 President under section 1105(a) of title 31, United States 

10 Code) an estimate for each National Oceanic and Atmos11 pheric Administration procurement, acquisition or con12 struction project having a total of more than $5,000,000 

13 and simultaneously the budget justification shall include 

14 an estimate of the budgetary requirements for each such 

15 project for each of the 5 subsequent fiscal years: Provided 

16 further, That, within the amounts appropriated, 

17 $1,302,000 shall be transferred to the ‘‘Office of Inspector 

18 General’’ account for activities associated with carrying 

19 out investigations and audits related to satellite procure20 ment, acquisition and construction. 

21 PACIFIC COASTAL SALMON RECOVERY

22 For necessary expenses associated with the restora23 tion of Pacific salmon populations, $70,000,000, to re24 main available until September 30, 2020: Provided, That, 

25 of the funds provided herein, the Secretary of Commerce 


pbinns on DSK79D2C42PROD with BILLS
624 

HR 21 PCS 

1 may issue grants to the States of Washington, Oregon, 

2 Idaho, Nevada, California, and Alaska, and to the Feder3 ally recognized tribes of the Columbia River and Pacific 

4 Coast (including Alaska), for projects necessary for con5 servation of salmon and steelhead populations that are 

6 listed as threatened or endangered, or that are identified 

7 by a State as at-risk to be so listed, for maintaining popu8 lations necessary for exercise of tribal treaty fishing rights 

9 or native subsistence fishing, or for conservation of Pacific 

10 coastal salmon and steelhead habitat, based on guidelines 

11 to be developed by the Secretary of Commerce: Provided 

12 further, That all funds shall be allocated based on sci13 entific and other merit principles and shall not be available 

14 for marketing activities: Provided further, That funds dis15 bursed to States shall be subject to a matching require16 ment of funds or documented in-kind contributions of at 

17 least 33 percent of the Federal funds. 

18 FISHERMEN’S CONTINGENCY FUND

19 For carrying out the provisions of title IV of Public 

20 Law 95–372, not to exceed $349,000, to be derived from 

21 receipts collected pursuant to that Act, to remain available 

22 until expended. 

23 FISHERY DISASTER ASSISTANCE

24 For the necessary expenses associated with the miti25 gation of fishery disasters, $15,000,000 to remain availVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00624 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
625 

HR 21 PCS 

1 able until expended: Provided, That funds shall be used 

2 for mitigating the effects of commercial fishery failures 

3 and fishery resource disasters as declared by the Secretary 

4 of Commerce. 

5 FISHERIES FINANCE PROGRAM ACCOUNT

6 Subject to section 502 of the Congressional Budget 

7 Act of 1974, during fiscal year 2019, obligations of direct 

8 loans may not exceed $24,000,000 for Individual Fishing 

9 Quota loans and not to exceed $100,000,000 for tradi10 tional direct loans as authorized by the Merchant Marine 

11 Act of 1936. 

12 DEPARTMENTAL MANAGEMENT

13 SALARIES AND EXPENSES

14 For necessary expenses for the management of the 

15 Department of Commerce provided for by law, including 

16 not to exceed $4,500 for official reception and representa17 tion, $63,000,000. 

18 RENOVATION AND MODERNIZATION

19 For necessary expenses for the renovation and mod20 ernization of the Herbert C. Hoover Building, 

21 $38,612,000, to remain available until expended. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector 

24 General in carrying out the provisions of the Inspector 

25 General Act of 1978 (5 U.S.C. App.), $32,744,000. 


pbinns on DSK79D2C42PROD with BILLS
626 

HR 21 PCS 

1 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 101. During the current fiscal year, applicable 

4 appropriations and funds made available to the Depart5 ment of Commerce by this Act shall be available for the 

6 activities specified in the Act of October 26, 1949 (15 

7 U.S.C. 1514), to the extent and in the manner prescribed 

8 by the Act, and, notwithstanding 31 U.S.C. 3324, may 

9 be used for advanced payments not otherwise authorized 

10 only upon the certification of officials designated by the 

11 Secretary of Commerce that such payments are in the 

12 public interest. 

13 SEC. 102. During the current fiscal year, appropria14 tions made available to the Department of Commerce by 

15 this Act for salaries and expenses shall be available for 

16 hire of passenger motor vehicles as authorized by 31 

17 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 

18 3109; and uniforms or allowances therefor, as authorized 

19 by law (5 U.S.C. 5901–5902). 

20 SEC. 103. Not to exceed 5 percent of any appropria21 tion made available for the current fiscal year for the De22 partment of Commerce in this Act may be transferred be23 tween such appropriations, but no such appropriation shall 

24 be increased by more than 10 percent by any such trans25 fers: Provided, That any transfer pursuant to this section 


pbinns on DSK79D2C42PROD with BILLS
627 

HR 21 PCS 

1 shall be treated as a reprogramming of funds under sec2 tion 505 of this Act and shall not be available for obliga3 tion or expenditure except in compliance with the proce4 dures set forth in that section: Provided further, That the 

5 Secretary of Commerce shall notify the Committees on Ap6 propriations at least 15 days in advance of the acquisition 

7 or disposal of any capital asset (including land, structures, 

8 and equipment) not specifically provided for in this Act 

9 or any other law appropriating funds for the Department 

10 of Commerce. 

11 SEC. 104. The requirements set forth by section 105 

12 of the Commerce, Justice, Science, and Related Agencies 

13 Appropriations Act, 2012 (Public Law 112–55), as 

14 amended by section 105 of title I of division B of Public 

15 Law 113–6, are hereby adopted by reference and made 

16 applicable with respect to fiscal year 2019: Provided, That 

17 the life cycle cost for the Joint Polar Satellite System is 

18 $11,322,125,000, the life cycle cost for the Geostationary 

19 Operational Environmental Satellite R-Series Program is 

20 $10,828,059,000, and the life cycle cost for the Polar Fol21 low On Program is $7,573,000,000. 

22 SEC. 105. Notwithstanding any other provision of 

23 law, the Secretary may furnish services (including but not 

24 limited to utilities, telecommunications, and security serv25 ices) necessary to support the operation, maintenance, and 


pbinns on DSK79D2C42PROD with BILLS
628 

HR 21 PCS 

1 improvement of space that persons, firms, or organizations 

2 are authorized, pursuant to the Public Buildings Coopera3 tive Use Act of 1976 or other authority, to use or occupy 

4 in the Herbert C. Hoover Building, Washington, DC, or 

5 other buildings, the maintenance, operation, and protec6 tion of which has been delegated to the Secretary from 

7 the Administrator of General Services pursuant to the 

8 Federal Property and Administrative Services Act of 1949 

9 on a reimbursable or non-reimbursable basis. Amounts re10 ceived as reimbursement for services provided under this 

11 section or the authority under which the use or occupancy 

12 of the space is authorized, up to $200,000, shall be cred13 ited to the appropriation or fund which initially bears the 

14 costs of such services. 

15 SEC. 106. Nothing in this title shall be construed to 

16 prevent a grant recipient from deterring child pornog17 raphy, copyright infringement, or any other unlawful ac18 tivity over its networks. 

19 SEC. 107. The Administrator of the National Oceanic 

20 and Atmospheric Administration is authorized to use, with 

21 their consent, with reimbursement and subject to the lim22 its of available appropriations, the land, services, equip23 ment, personnel, and facilities of any department, agency, 

24 or instrumentality of the United States, or of any State, 

25 local government, Indian tribal government, Territory, or 


pbinns on DSK79D2C42PROD with BILLS
629 

HR 21 PCS 

1 possession, or of any political subdivision thereof, or of 

2 any foreign government or international organization, for 

3 purposes related to carrying out the responsibilities of any 

4 statute administered by the National Oceanic and Atmos5 pheric Administration. 

6 SEC. 108. The National Technical Information Serv7 ice shall not charge any customer for a copy of any report 

8 or document generated by the Legislative Branch unless 

9 the Service has provided information to the customer on 

10 how an electronic copy of such report or document may 

11 be accessed and downloaded for free online. Should a cus12 tomer still require the Service to provide a printed or dig13 ital copy of the report or document, the charge shall be 

14 limited to recovering the Service’s cost of processing, re15 producing, and delivering such report or document. 

16 SEC. 109. The Secretary of Commerce may waive the 

17 requirement for bonds under 40 U.S.C. 3131 with respect 

18 to contracts for the construction, alteration, or repair of 

19 vessels, regardless of the terms of the contracts as to pay20 ment or title, when the contract is made under the Coast 

21 and Geodetic Survey Act of 1947 (33 U.S.C. 883a et seq.). 

22 SEC. 110. To carry out the responsibilities of the Na23 tional Oceanic and Atmospheric Administration (NOAA), 

24 the Administrator of NOAA is authorized to: (1) enter 

25 into grants and cooperative agreements with; (2) use on 


pbinns on DSK79D2C42PROD with BILLS
630 

HR 21 PCS 

1 a non-reimbursable basis land, services, equipment, per2 sonnel, and facilities provided by; and (3) receive and ex3 pend funds made available on a consensual basis from: a 

4 Federal agency, State or subdivision thereof, local govern5 ment, tribal government, territory, or possession or any 

6 subdivisions thereof: Provided, That funds received for 

7 permitting and related regulatory activities pursuant to 

8 this section shall be deposited under the heading ‘‘Na9 tional Oceanic and Atmospheric Administration—Oper10 ations, Research, and Facilities’’ and shall remain avail11 able until September 30, 2021, for such purposes: Pro12 vided further, That all funds within this section and their 

13 corresponding uses are subject to section 505 of this Act. 

14 SEC. 111. Amounts provided by this Act or by any 

15 prior appropriations Act that remain available for obliga16 tion, for necessary expenses of the programs of the Eco17 nomics and Statistics Administration of the Department 

18 of Commerce, including amounts provided for programs 

19 of the Bureau of Economic Analysis and the Bureau of 

20 the Census, shall be available for expenses of cooperative 

21 agreements with appropriate entities, including any Fed22 eral, State, or local governmental unit, or institution of 

23 higher education, to aid and promote statistical, research, 

24 and methodology activities which further the purposes for 

25 which such amounts have been made available. 


pbinns on DSK79D2C42PROD with BILLS
631 

HR 21 PCS 

1 This title may be cited as the ‘‘Department of Com2 merce Appropriations Act, 2019’’. 

3 TITLE II 

4 DEPARTMENT OF JUSTICE 

5 GENERAL ADMINISTRATION

6 SALARIES AND EXPENSES

7 For expenses necessary for the administration of the 

8 Department of Justice, $114,000,000, of which not to ex9 ceed $4,000,000 for security and construction of Depart10 ment of Justice facilities shall remain available until ex11 pended. 

12 JUSTICE INFORMATION SHARING TECHNOLOGY

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses for information sharing tech15 nology, including planning, development, deployment and 

16 departmental direction, $35,000,000, to remain available 

17 until expended: Provided, That the Attorney General may 

18 transfer up to $35,400,000 to this account, from funds 

19 available to the Department of Justice for information 

20 technology, to remain available until expended, for enter21 prise-wide information technology initiatives: Provided fur22 ther, That the transfer authority in the preceding proviso 

23 is in addition to any other transfer authority contained 

24 in this Act: Provided further, That any transfer pursuant 

25 to the first proviso shall be treated as a reprogramming 


pbinns on DSK79D2C42PROD with BILLS
632 

HR 21 PCS 

1 under section 505 of this Act and shall not be available 

2 for obligation or expenditure except in compliance with the 

3 procedures set forth in that section. 

4 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses necessary for the administration of im7 migration-related activities of the Executive Office for Im8 migration Review, $563,407,000, of which $4,000,000 

9 shall be derived by transfer from the Executive Office for 

10 Immigration Review fees deposited in the ‘‘Immigration 

11 Examinations Fee’’ account, and of which not less than 

12 $10,400,000 shall be available for services and activities 

13 provided by the Legal Orientation Program: Provided, 

14 That not to exceed $35,000,000 of the total amount made 

15 available under this heading shall remain available until 

16 expended. 

17 OFFICE OF INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector 

19 General, $99,195,000, including not to exceed $10,000 to 

20 meet unforeseen emergencies of a confidential character. 

21 UNITED STATES PAROLE COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the United States Parole 

24 Commission as authorized, $13,308,000: Provided, That, 

25 notwithstanding any other provision of law, upon the expiVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00632 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
633 

HR 21 PCS 

1 ration of a term of office of a Commissioner, the Commis2 sioner may continue to act until a successor has been ap3 pointed. 

4 LEGAL ACTIVITIES

5 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

6 For expenses necessary for the legal activities of the 

7 Department of Justice, not otherwise provided for, includ8 ing not to exceed $20,000 for expenses of collecting evi9 dence, to be expended under the direction of, and to be 

10 accounted for solely under the certificate of, the Attorney 

11 General; the administration of pardon and clemency peti12 tions; and rent of private or Government-owned space in 

13 the District of Columbia, $910,500,000, of which not to 

14 exceed $20,000,000 for litigation support contracts shall 

15 remain available until expended: Provided, That of the 

16 amount provided for INTERPOL Washington dues pay17 ments, not to exceed $685,000 shall remain available until 

18 expended: Provided further, That of the total amount ap19 propriated, not to exceed $9,000 shall be available to 

20 INTERPOL Washington for official reception and rep21 resentation expenses: Provided further, That notwith22 standing section 205 of this Act, upon a determination 

23 by the Attorney General that emergent circumstances re24 quire additional funding for litigation activities of the Civil 

25 Division, the Attorney General may transfer such amounts 


pbinns on DSK79D2C42PROD with BILLS
634 

HR 21 PCS 

1 to ‘‘Salaries and Expenses, General Legal Activities’’ from 

2 available appropriations for the current fiscal year for the 

3 Department of Justice, as may be necessary to respond 

4 to such circumstances: Provided further, That any transfer 

5 pursuant to the preceding proviso shall be treated as a 

6 reprogramming under section 505 of this Act and shall 

7 not be available for obligation or expenditure except in 

8 compliance with the procedures set forth in that section: 

9 Provided further, That of the amount appropriated, such 

10 sums as may be necessary shall be available to the Civil 

11 Rights Division for salaries and expenses associated with 

12 the election monitoring program under section 8 of the 

13 Voting Rights Act of 1965 (52 U.S.C. 10305) and to reim14 burse the Office of Personnel Management for such sala15 ries and expenses: Provided further, That of the amounts 

16 provided under this heading for the election monitoring 

17 program, $3,390,000 shall remain available until ex18 pended: Provided further, That of the amount appro19 priated, not less than $200,378,000 shall be available for 

20 the Criminal Division, including related expenses for the 

21 Mutual Legal Assistance Treaty Program. 

22 In addition, for reimbursement of expenses of the De23 partment of Justice associated with processing cases 

24 under the National Childhood Vaccine Injury Act of 1986, 


pbinns on DSK79D2C42PROD with BILLS
635 

HR 21 PCS 

1 not to exceed $10,000,000, to be appropriated from the 

2 Vaccine Injury Compensation Trust Fund. 

3 SALARIES AND EXPENSES, ANTITRUST DIVISION

4 For expenses necessary for the enforcement of anti5 trust and kindred laws, $164,977,000, to remain available 

6 until expended: Provided, That notwithstanding any other 

7 provision of law, fees collected for premerger notification 

8 filings under the Hart-Scott-Rodino Antitrust Improve9 ments Act of 1976 (15 U.S.C. 18a), regardless of the year 

10 of collection (and estimated to be $136,000,000 in fiscal 

11 year 2019), shall be retained and used for necessary ex12 penses in this appropriation, and shall remain available 

13 until expended: Provided further, That the sum herein ap14 propriated from the general fund shall be reduced as such 

15 offsetting collections are received during fiscal year 2019, 

16 so as to result in a final fiscal year 2019 appropriation 

17 from the general fund estimated at $28,977,000. 

18 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

19 For necessary expenses of the Offices of the United 

20 States Attorneys, including inter-governmental and coop21 erative agreements, $2,179,485,000: Provided, That of the 

22 total amount appropriated, not to exceed $7,200 shall be 

23 available for official reception and representation ex24 penses: Provided further, That not to exceed $25,000,000 

25 shall remain available until expended: Provided further, 


pbinns on DSK79D2C42PROD with BILLS
636 

HR 21 PCS 

1 That each United States Attorney shall establish or par2 ticipate in a task force on human trafficking. 

3 UNITED STATES TRUSTEE SYSTEM FUND

4 For necessary expenses of the United States Trustee 

5 Program, as authorized, $225,908,000, to remain avail6 able until expended: Provided, That, notwithstanding any 

7 other provision of law, deposits to the United States 

8 Trustee System Fund and amounts herein appropriated 

9 shall be available in such amounts as may be necessary 

10 to pay refunds due depositors: Provided further, That, not11 withstanding any other provision of law, fees collected pur12 suant to section 589a(b) of title 28, United States Code, 

13 shall be retained and used for necessary expenses in this 

14 appropriation and shall remain available until expended: 

15 Provided further, That to the extent that fees collected in 

16 fiscal year 2019, net of amounts necessary to pay refunds 

17 due depositors, exceed $225,908,000, those excess 

18 amounts shall be available in future fiscal years only to 

19 the extent provided in advance in appropriations Acts: 

20 Provided further, That the sum herein appropriated from 

21 the general fund shall be reduced (1) as such fees are re22 ceived during fiscal year 2019, net of amounts necessary 

23 to pay refunds due depositors, (estimated at 

24 $360,000,000) and (2) to the extent that any remaining 

25 general fund appropriations can be derived from amounts 


pbinns on DSK79D2C42PROD with BILLS
637 

HR 21 PCS 

1 deposited in the Fund in previous fiscal years that are not 

2 otherwise appropriated, so as to result in a final fiscal year 

3 2019 appropriation from the general fund estimated at $0. 

4 SALARIES AND EXPENSES, FOREIGN CLAIMS

5 SETTLEMENT COMMISSION

6 For expenses necessary to carry out the activities of 

7 the Foreign Claims Settlement Commission, including 

8 services as authorized by section 3109 of title 5, United 

9 States Code, $2,409,000. 

10 FEES AND EXPENSES OF WITNESSES

11 For fees and expenses of witnesses, for expenses of 

12 contracts for the procurement and supervision of expert 

13 witnesses, for private counsel expenses, including ad14 vances, and for expenses of foreign counsel, $270,000,000, 

15 to remain available until expended, of which not to exceed 

16 $16,000,000 is for construction of buildings for protected 

17 witness safesites; not to exceed $3,000,000 is for the pur18 chase and maintenance of armored and other vehicles for 

19 witness security caravans; and not to exceed $15,000,000 

20 is for the purchase, installation, maintenance, and up21 grade of secure telecommunications equipment and a se22 cure automated information network to store and retrieve 

23 the identities and locations of protected witnesses: Pro24 vided, That amounts made available under this heading 


pbinns on DSK79D2C42PROD with BILLS
638 

HR 21 PCS 

1 may not be transferred pursuant to section 205 of this 

2 Act. 

3 SALARIES AND EXPENSES, COMMUNITY RELATIONS

4 SERVICE

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses of the Community Relations 

7 Service, $15,500,000: Provided, That notwithstanding sec8 tion 205 of this Act, upon a determination by the Attorney 

9 General that emergent circumstances require additional 

10 funding for conflict resolution and violence prevention ac11 tivities of the Community Relations Service, the Attorney 

12 General may transfer such amounts to the Community Re13 lations Service, from available appropriations for the cur14 rent fiscal year for the Department of Justice, as may be 

15 necessary to respond to such circumstances: Provided fur16 ther, That any transfer pursuant to the preceding proviso 

17 shall be treated as a reprogramming under section 505 

18 of this Act and shall not be available for obligation or ex19 penditure except in compliance with the procedures set 

20 forth in that section. 

21 ASSETS FORFEITURE FUND

22 For expenses authorized by subparagraphs (B), (F), 

23 and (G) of section 524(c)(1) of title 28, United States 

24 Code, $20,514,000, to be derived from the Department 

25 of Justice Assets Forfeiture Fund. 


pbinns on DSK79D2C42PROD with BILLS
639 

HR 21 PCS 

1 UNITED STATES MARSHALS SERVICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the United States Mar4 shals Service, $1,377,409,000, of which not to exceed 

5 $6,000 shall be available for official reception and rep6 resentation expenses, and not to exceed $15,000,000 shall 

7 remain available until expended. 

8 CONSTRUCTION

9 For construction in space controlled, occupied, or uti10 lized by the United States Marshals Service for prisoner 

11 holding and related support, $35,000,000, to remain avail12 able until expended. 

13 FEDERAL PRISONER DETENTION

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses related to United States pris16 oners in the custody of the United States Marshals Service 

17 as authorized by section 4013 of title 18, United States 

18 Code, $1,536,000,000, to remain available until expended: 

19 Provided, That not to exceed $20,000,000 shall be consid20 ered ‘‘funds appropriated for State and local law enforce21 ment assistance’’ pursuant to section 4013(b) of title 18, 

22 United States Code: Provided further, That the United 

23 States Marshals Service shall be responsible for managing 

24 the Justice Prisoner and Alien Transportation System. 


pbinns on DSK79D2C42PROD with BILLS
640 

HR 21 PCS 

1 NATIONAL SECURITY DIVISION

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For expenses necessary to carry out the activities of 

5 the National Security Division, $101,369,000, of which 

6 not to exceed $5,000,000 for information technology sys7 tems shall remain available until expended: Provided, That 

8 notwithstanding section 205 of this Act, upon a deter9 mination by the Attorney General that emergent cir10 cumstances require additional funding for the activities of 

11 the National Security Division, the Attorney General may 

12 transfer such amounts to this heading from available ap13 propriations for the current fiscal year for the Department 

14 of Justice, as may be necessary to respond to such cir15 cumstances: Provided further, That any transfer pursuant 

16 to the preceding proviso shall be treated as a reprogram17 ming under section 505 of this Act and shall not be avail18 able for obligation or expenditure except in compliance 

19 with the procedures set forth in that section. 

20 INTERAGENCY LAW ENFORCEMENT

21 INTERAGENCY CRIME AND DRUG ENFORCEMENT

22 For necessary expenses for the identification, inves23 tigation, and prosecution of individuals associated with the 

24 most significant drug trafficking organizations, 

25 transnational organized crime, and money laundering orVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00640 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
641 

HR 21 PCS 

1 ganizations not otherwise provided for, to include inter2 governmental agreements with State and local law en3 forcement agencies engaged in the investigation and pros4 ecution of individuals involved in transnational organized 

5 crime and drug trafficking, $521,563,000, of which 

6 $50,000,000 shall remain available until expended: Pro7 vided, That any amounts obligated from appropriations 

8 under this heading may be used under authorities avail9 able to the organizations reimbursed from this appropria10 tion. 

11 FEDERAL BUREAU OF INVESTIGATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Bureau of In14 vestigation for detection, investigation, and prosecution of 

15 crimes against the United States, $9,030,202,000, of 

16 which not to exceed $216,900,000 shall remain available 

17 until expended: Provided, That not to exceed $184,500 

18 shall be available for official reception and representation 

19 expenses. 

20 CONSTRUCTION

21 For necessary expenses, to include the cost of equip22 ment, furniture, and information technology requirements, 

23 related to construction or acquisition of buildings, facili24 ties and sites by purchase, or as otherwise authorized by 

25 law; conversion, modification and extension of federally 


pbinns on DSK79D2C42PROD with BILLS
642 

HR 21 PCS 

1 owned buildings; preliminary planning and design of 

2 projects; and operation and maintenance of secure work 

3 environment facilities and secure networking capabilities; 

4 $385,000,000, to remain available until expended. 

5 DRUG ENFORCEMENT ADMINISTRATION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Drug Enforcement Ad8 ministration, including not to exceed $70,000 to meet un9 foreseen emergencies of a confidential character pursuant 

10 to section 530C of title 28, United States Code; and ex11 penses for conducting drug education and training pro12 grams, including travel and related expenses for partici13 pants in such programs and the distribution of items of 

14 token value that promote the goals of such programs, 

15 $2,234,133,000, of which not to exceed $75,000,000 shall 

16 remain available until expended and not to exceed $90,000 

17 shall be available for official reception and representation 

18 expenses. 

19 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

20 EXPLOSIVES

21 SALARIES AND EXPENSES

22 For necessary expenses of the Bureau of Alcohol, To23 bacco, Firearms and Explosives, for training of State and 

24 local law enforcement agencies with or without reimburse25 ment, including training in connection with the training 


pbinns on DSK79D2C42PROD with BILLS
643 

HR 21 PCS 

1 and acquisition of canines for explosives and fire 

2 accelerants detection; and for provision of laboratory as3 sistance to State and local law enforcement agencies, with 

4 or without reimbursement, $1,316,678,000, of which not 

5 to exceed $36,000 shall be for official reception and rep6 resentation expenses, not to exceed $1,000,000 shall be 

7 available for the payment of attorneys’ fees as provided 

8 by section 924(d)(2) of title 18, United States Code, and 

9 not to exceed $20,000,000 shall remain available until ex10 pended: Provided, That none of the funds appropriated 

11 herein shall be available to investigate or act upon applica12 tions for relief from Federal firearms disabilities under 

13 section 925(c) of title 18, United States Code: Provided 

14 further, That such funds shall be available to investigate 

15 and act upon applications filed by corporations for relief 

16 from Federal firearms disabilities under section 925(c) of 

17 title 18, United States Code: Provided further, That no 

18 funds made available by this or any other Act may be used 

19 to transfer the functions, missions, or activities of the Bu20 reau of Alcohol, Tobacco, Firearms and Explosives to 

21 other agencies or Departments. 


pbinns on DSK79D2C42PROD with BILLS
644 

HR 21 PCS 

1 FEDERAL PRISON SYSTEM

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Federal Prison System 

5 for the administration, operation, and maintenance of 

6 Federal penal and correctional institutions, and for the 

7 provision of technical assistance and advice on corrections 

8 related issues to foreign governments, $7,256,280,000: 

9 Provided, That the Attorney General may transfer to the 

10 Department of Health and Human Services such amounts 

11 as may be necessary for direct expenditures by that De12 partment for medical relief for inmates of Federal penal 

13 and correctional institutions: Provided further, That the 

14 Director of the Federal Prison System, where necessary, 

15 may enter into contracts with a fiscal agent or fiscal inter16 mediary claims processor to determine the amounts pay17 able to persons who, on behalf of the Federal Prison Sys18 tem, furnish health services to individuals committed to 

19 the custody of the Federal Prison System: Provided fur20 ther, That not to exceed $5,400 shall be available for offi21 cial reception and representation expenses: Provided fur22 ther, That not to exceed $50,000,000 shall remain avail23 able for necessary operations until September 30, 2020: 

24 Provided further, That, of the amounts provided for con25 tract confinement, not to exceed $20,000,000 shall remain 


pbinns on DSK79D2C42PROD with BILLS
645 

HR 21 PCS 

1 available until expended to make payments in advance for 

2 grants, contracts and reimbursable agreements, and other 

3 expenses: Provided further, That the Director of the Fed4 eral Prison System may accept donated property and serv5 ices relating to the operation of the prison card program 

6 from a not-for-profit entity which has operated such pro7 gram in the past, notwithstanding the fact that such not8 for-profit entity furnishes services under contracts to the 

9 Federal Prison System relating to the operation of pre10 release services, halfway houses, or other custodial facili11 ties. 

12 BUILDINGS AND FACILITIES

13 For planning, acquisition of sites, and construction 

14 of new facilities; purchase and acquisition of facilities and 

15 remodeling, and equipping of such facilities for penal and 

16 correctional use, including all necessary expenses incident 

17 thereto, by contract or force account; and constructing, 

18 remodeling, and equipping necessary buildings and facili19 ties at existing penal and correctional institutions, includ20 ing all necessary expenses incident thereto, by contract or 

21 force account, $274,000,000, to remain available until ex22 pended, of which $175,000,000 shall be available only for 

23 costs related to construction of new facilities: Provided, 

24 That labor of United States prisoners may be used for 

25 work performed under this appropriation. 


pbinns on DSK79D2C42PROD with BILLS
646 

HR 21 PCS 

1 FEDERAL PRISON INDUSTRIES, INCORPORATED

2 The Federal Prison Industries, Incorporated, is here3 by authorized to make such expenditures within the limits 

4 of funds and borrowing authority available, and in accord 

5 with the law, and to make such contracts and commit6 ments without regard to fiscal year limitations as provided 

7 by section 9104 of title 31, United States Code, as may 

8 be necessary in carrying out the program set forth in the 

9 budget for the current fiscal year for such corporation. 

10 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

11 PRISON INDUSTRIES, INCORPORATED

12 Not to exceed $2,700,000 of the funds of the Federal 

13 Prison Industries, Incorporated, shall be available for its 

14 administrative expenses, and for services as authorized by 

15 section 3109 of title 5, United States Code, to be com16 puted on an accrual basis to be determined in accordance 

17 with the corporation’s current prescribed accounting sys18 tem, and such amounts shall be exclusive of depreciation, 

19 payment of claims, and expenditures which such account20 ing system requires to be capitalized or charged to cost 

21 of commodities acquired or produced, including selling and 

22 shipping expenses, and expenses in connection with acqui23 sition, construction, operation, maintenance, improvement, 

24 protection, or disposition of facilities and other property 

25 belonging to the corporation or in which it has an interest. 


pbinns on DSK79D2C42PROD with BILLS
647 

HR 21 PCS 

1 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

2 OFFICE ON VIOLENCE AGAINST WOMEN

3 VIOLENCE AGAINST WOMEN PREVENTION AND

4 PROSECUTION PROGRAMS

5 (INCLUDING TRANSFER OF FUNDS)

6 For grants, contracts, cooperative agreements, and 

7 other assistance for the prevention and prosecution of vio8 lence against women, as authorized by the Omnibus Crime 

9 Control and Safe Streets Act of 1968 (34 U.S.C. 10101 

10 et seq.) (‘‘the 1968 Act’’); the Violent Crime Control and 

11 Law Enforcement Act of 1994 (Public Law 103–322) 

12 (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 

13 (Public Law 101–647) (‘‘the 1990 Act’’); the Prosecu14 torial Remedies and Other Tools to end the Exploitation 

15 of Children Today Act of 2003 (Public Law 108–21); the 

16 Juvenile Justice and Delinquency Prevention Act of 1974 

17 (34 U.S.C. 11101 et seq.) (‘‘the 1974 Act’’); the Victims 

18 of Trafficking and Violence Protection Act of 2000 (Public 

19 Law 106–386) (‘‘the 2000 Act’’); the Violence Against 

20 Women and Department of Justice Reauthorization Act 

21 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the Vio22 lence Against Women Reauthorization Act of 2013 (Public 

23 Law 113–4) (‘‘the 2013 Act’’); and the Rape Survivor 

24 Child Custody Act of 2015 (Public Law 114–22) (‘‘the 

25 2015 Act’’); and for related victims services, 


pbinns on DSK79D2C42PROD with BILLS
648 

HR 21 PCS 

1 $497,500,000, to remain available until expended, which 

2 shall be derived by transfer from amounts available for 

3 obligation in this Act from the Fund established by section 

4 1402 of chapter XIV of title II of Public Law 98–473 

5 (34 U.S.C. 20101), notwithstanding section 1402(d) of 

6 such Act of 1984, and merged with the amounts otherwise 

7 made available under this heading: Provided, That except 

8 as otherwise provided by law, not to exceed 5 percent of 

9 funds made available under this heading may be used for 

10 expenses related to evaluation, training, and technical as11 sistance: Provided further, That of the amount provided— 

12 (1) $215,000,000 is for grants to combat vio13 lence against women, as authorized by part T of the 

14 1968 Act; 

15 (2) $36,000,000 is for transitional housing as16 sistance grants for victims of domestic violence, dat17 ing violence, stalking, or sexual assault as authorized 

18 by section 40299 of the 1994 Act; 

19 (3) $3,000,000 is for the National Institute of 

20 Justice for research and evaluation of violence 

21 against women and related issues addressed by 

22 grant programs of the Office on Violence Against 

23 Women, which shall be transferred to ‘‘Research, 

24 Evaluation and Statistics’’ for administration by the 

25 Office of Justice Programs; 


pbinns on DSK79D2C42PROD with BILLS
649 

HR 21 PCS 

1 (4) $11,000,000 is for a grant program to pro2 vide services to advocate for and respond to youth 

3 victims of domestic violence, dating violence, sexual 

4 assault, and stalking; assistance to children and 

5 youth exposed to such violence; programs to engage 

6 men and youth in preventing such violence; and as7 sistance to middle and high school students through 

8 education and other services related to such violence: 

9 Provided, That unobligated balances available for 

10 the programs authorized by sections 41201, 41204, 

11 41303, and 41305 of the 1994 Act, prior to its 

12 amendment by the 2013 Act, shall be available for 

13 this program: Provided further, That 10 percent of 

14 the total amount available for this grant program 

15 shall be available for grants under the program au16 thorized by section 2015 of the 1968 Act: Provided 

17 further, That the definitions and grant conditions in 

18 section 40002 of the 1994 Act shall apply to this 

19 program; 

20 (5) $53,000,000 is for grants to encourage ar21 rest policies as authorized by part U of the 1968 

22 Act, of which $4,000,000 is for a homicide reduction 

23 initiative; 


pbinns on DSK79D2C42PROD with BILLS
650 

HR 21 PCS 

1 (6) $37,500,000 is for sexual assault victims 

2 assistance, as authorized by section 41601 of the 

3 1994 Act; 

4 (7) $42,000,000 is for rural domestic violence 

5 and child abuse enforcement assistance grants, as 

6 authorized by section 40295 of the 1994 Act; 

7 (8) $20,000,000 is for grants to reduce violent 

8 crimes against women on campus, as authorized by 

9 section 304 of the 2005 Act; 

10 (9) $45,000,000 is for legal assistance for vic11 tims, as authorized by section 1201 of the 2000 Act; 

12 (10) $5,000,000 is for enhanced training and 

13 services to end violence against and abuse of women 

14 in later life, as authorized by section 40802 of the 

15 1994 Act; 

16 (11) $16,000,000 is for grants to support fami17 lies in the justice system, as authorized by section 

18 1301 of the 2000 Act: Provided, That unobligated 

19 balances available for the programs authorized by 

20 section 1301 of the 2000 Act and section 41002 of 

21 the 1994 Act, prior to their amendment by the 2013 

22 Act, shall be available for this program; 

23 (12) $6,000,000 is for education and training 

24 to end violence against and abuse of women with 


pbinns on DSK79D2C42PROD with BILLS
651 

HR 21 PCS 

1 disabilities, as authorized by section 1402 of the 

2 2000 Act; 

3 (13) $1,000,000 is for the National Resource 

4 Center on Workplace Responses to assist victims of 

5 domestic violence, as authorized by section 41501 of 

6 the 1994 Act; 

7 (14) $1,000,000 is for analysis and research on 

8 violence against Indian women, including as author9 ized by section 904 of the 2005 Act: Provided, That 

10 such funds may be transferred to ‘‘Research, Eval11 uation and Statistics’’ for administration by the Of12 fice of Justice Programs; 

13 (15) $500,000 is for a national clearinghouse 

14 that provides training and technical assistance on 

15 issues relating to sexual assault of American Indian 

16 and Alaska Native women; 

17 (16) $4,000,000 is for grants to assist tribal 

18 governments in exercising special domestic violence 

19 criminal jurisdiction, as authorized by section 904 of 

20 the 2013 Act: Provided, That the grant conditions in 

21 section 40002(b) of the 1994 Act shall apply to this 

22 program; and 

23 (17) $1,500,000 for the purposes authorized 

24 under the 2015 Act. 


pbinns on DSK79D2C42PROD with BILLS
652 

HR 21 PCS 

1 OFFICE OF JUSTICE PROGRAMS

2 RESEARCH, EVALUATION AND STATISTICS

3 For grants, contracts, cooperative agreements, and 

4 other assistance authorized by title I of the Omnibus 

5 Crime Control and Safe Streets Act of 1968 (‘‘the 1968 

6 Act’’); the Juvenile Justice and Delinquency Prevention 

7 Act of 1974 (‘‘the 1974 Act’’); the Missing Children’s As8 sistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial 

9 Remedies and Other Tools to end the Exploitation of Chil10 dren Today Act of 2003 (Public Law 108–21); the Justice 

11 for All Act of 2004 (Public Law 108–405); the Violence 

12 Against Women and Department of Justice Reauthoriza13 tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); 

14 the Victims of Child Abuse Act of 1990 (Public Law 101– 

15 647); the Second Chance Act of 2007 (Public Law 110– 

16 199); the Victims of Crime Act of 1984 (Public Law 98– 

17 473); the Adam Walsh Child Protection and Safety Act 

18 of 2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’); 

19 the PROTECT Our Children Act of 2008 (Public Law 

20 110–401); subtitle D of title II of the Homeland Security 

21 Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the 

22 NICS Improvement Amendments Act of 2007 (Public 

23 Law 110–180); the Violence Against Women Reauthoriza24 tion Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); 


pbinns on DSK79D2C42PROD with BILLS
653 

HR 21 PCS 

1 and other programs, $90,000,000, to remain available 

2 until expended, of which— 

3 (1) $48,000,000 is for criminal justice statistics 

4 programs, and other activities, as authorized by part 

5 C of title I of the 1968 Act, of which $5,000,000 is 

6 for a nationwide incident-based crime statistics pro7 gram; and 

8 (2) $42,000,000 is for research, development, 

9 and evaluation programs, and other activities as au10 thorized by part B of title I of the 1968 Act and 

11 subtitle D of title II of the 2002 Act, of which 

12 $4,000,000 is for research targeted toward devel13 oping a better understanding of the domestic 

14 radicalization phenomenon, and advancing evidence15 based strategies for effective intervention and pre16 vention; $1,000,000 is for research to study the root 

17 causes of school violence to include the impact and 

18 effectiveness of grants made under the STOP School 

19 Violence Act; $1,000,000 is for a study to better 

20 protect children against online predatory behavior as 

21 part of the National Juvenile Online Victimization 

22 Studies (N–JOVS); and $3,000,000 is for a national 

23 center for restorative justice. 


pbinns on DSK79D2C42PROD with BILLS
654 

HR 21 PCS 

1 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For grants, contracts, cooperative agreements, and 

4 other assistance authorized by the Violent Crime Control 

5 and Law Enforcement Act of 1994 (Public Law 103–322) 

6 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe 

7 Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All 

8 Act of 2004 (Public Law 108–405); the Victims of Child 

9 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 

10 Act’’); the Trafficking Victims Protection Reauthorization 

11 Act of 2005 (Public Law 109–164); the Violence Against 

12 Women and Department of Justice Reauthorization Act 

13 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the 

14 Adam Walsh Child Protection and Safety Act of 2006 

15 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the Vic16 tims of Trafficking and Violence Protection Act of 2000 

17 (Public Law 106–386); the NICS Improvement Amend18 ments Act of 2007 (Public Law 110–180); subtitle D of 

19 title II of the Homeland Security Act of 2002 (Public Law 

20 107–296) (‘‘the 2002 Act’’); the Second Chance Act of 

21 2007 (Public Law 110–199); the Prioritizing Resources 

22 and Organization for Intellectual Property Act of 2008 

23 (Public Law 110–403); the Victims of Crime Act of 1984 

24 (Public Law 98–473); the Mentally Ill Offender Treat25 ment and Crime Reduction Reauthorization and ImproveVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00654 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
655 

HR 21 PCS 

1 ment Act of 2008 (Public Law 110–416); the Violence 

2 Against Women Reauthorization Act of 2013 (Public Law 

3 113–4) (‘‘the 2013 Act’’); the Comprehensive Addiction 

4 and Recovery Act of 2016 (Public Law 114–198) 

5 (‘‘CARA’’); the Justice for All Reauthorization Act of 

6 2016 (Public Law 114–324); Kevin and Avonte’s Law (di7 vision Q of Public Law 115–141) (‘‘Kevin and Avonte’s 

8 Law’’); the Keep Young Athletes Safe Act of 2018 (title 

9 III of division S of Public Law 115–141) (‘‘the Keep 

10 Young Athletes Safe Act’’); the STOP School Violence Act 

11 of 2018 (title V of division S of Public Law 115–141) 

12 (‘‘the STOP School Violence Act’’); the Fix NICS Act of 

13 2018 (title VI of division S of Public Law 115–141); and 

14 the Project Safe Neighborhoods Grant Program Author15 ization Act of 2017 (H.R. 3249, as passed and amended 

16 by the Senate with SA 2245 on May 16, 2018) (‘‘the 

17 Project Safe Neighborhoods Act’’); and other programs, 

18 $1,678,500,000, to remain available until expended as fol19 lows— 

20 (1) $445,000,000 for the Edward Byrne Memo21 rial Justice Assistance Grant program as authorized 

22 by subpart 1 of part E of title I of the 1968 Act 

23 (except that section 1001(c), and the special rules 

24 for Puerto Rico under section 505(g) of title I of the 

25 1968 Act shall not apply for purposes of this Act), 


pbinns on DSK79D2C42PROD with BILLS
656 

HR 21 PCS 

1 of which, notwithstanding such subpart 1, 

2 $12,000,000 is for the Officer Robert Wilson III 

3 Memorial Initiative on Preventing Violence Against 

4 Law Enforcement Officer Resilience and Surviv5 ability (VALOR), $10,000,000 is for an initiative to 

6 support evidence-based policing, $10,000,000 is for 

7 an initiative to enhance prosecutorial decision-mak8 ing, $2,400,000 is for the operationalization, mainte9 nance and expansion of the National Missing and 

10 Unidentified Persons System, $2,500,000 is for an 

11 academic based training initiative to improve police12 based responses to people with mental illness or de13 velopmental disabilities, $2,000,000 is for a student 

14 loan repayment assistance program pursuant to sec15 tion 952 of Public Law 110–315, $15,500,000 is for 

16 prison rape prevention and prosecution grants to 

17 states and units of local government, and other pro18 grams, as authorized by the Prison Rape Elimi19 nation Act of 2003 (Public Law 108–79), 

20 $2,000,000 is for a grant program authorized by 

21 Kevin and Avonte’s Law, and $3,000,000 is for a re22 gional law enforcement technology initiative; 

23 (2) $100,000,000 for the State Criminal Alien 

24 Assistance Program, as authorized by section 

25 241(i)(5) of the Immigration and Nationality Act (8 


pbinns on DSK79D2C42PROD with BILLS
657 

HR 21 PCS 

1 U.S.C. 1231(i)(5)): Provided, That no jurisdiction 

2 shall request compensation for any cost greater than 

3 the actual cost for Federal immigration and other 

4 detainees housed in State and local detention facili5 ties; 

6 (3) $85,000,000 for victim services programs 

7 for victims of trafficking, as authorized by section 

8 107(b)(2) of Public Law 106–386, for programs au9 thorized under Public Law 109–164, or programs 

10 authorized under Public Law 113–4; 

11 (4) $5,000,000 for the Capital Litigation Im12 provement Grant Program, as authorized by section 

13 426 of Public Law 108–405, and for grants for 

14 wrongful conviction review; 

15 (5) $15,500,000 for economic, high technology, 

16 white collar, and Internet crime prevention grants, 

17 including as authorized by section 401 of Public 

18 Law 110–403, of which $2,500,000 is for competi19 tive grants that help State and local law enforce20 ment tackle intellectual property thefts, and 

21 $2,000,000 for a competitive grant program for 

22 training students in computer forensics and digital 

23 investigation; 


pbinns on DSK79D2C42PROD with BILLS
658 

HR 21 PCS 

1 (6) $20,000,000 for sex offender management 

2 assistance, as authorized by the Adam Walsh Act, 

3 and related activities; 

4 (7) $25,000,000 for the matching grant pro5 gram for law enforcement armor vests, as authorized 

6 by section 2501 of title I of the 1968 Act: Provided, 

7 That $1,500,000 is transferred directly to the Na8 tional Institute of Standards and Technology’s Of9 fice of Law Enforcement Standards for research, 

10 testing and evaluation programs; 

11 (8) $1,000,000 for the National Sex Offender 

12 Public Website; 

13 (9) $75,000,000 for grants to States to up14 grade criminal and mental health records for the 

15 National Instant Criminal Background Check Sys16 tem, of which no less than $25,000,000 shall be for 

17 grants made under the authorities of the NICS Im18 provement Amendments Act of 2007 (Public Law 

19 110–180) and Fix NICS Act of 2018; 

20 (10) $35,000,000 for Paul Coverdell Forensic 

21 Sciences Improvement Grants under part BB of title 

22 I of the 1968 Act; 

23 (11) $132,000,000 for DNA-related and foren24 sic programs and activities, of which— 


pbinns on DSK79D2C42PROD with BILLS
659 

HR 21 PCS 

1 (A) $121,000,000 is for a DNA analysis 

2 and capacity enhancement program and for 

3 other local, State, and Federal forensic activi4 ties, including the purposes authorized under 

5 section 2 of the DNA Analysis Backlog Elimi6 nation Act of 2000 (Public Law 106–546) (the 

7 Debbie Smith DNA Backlog Grant Program): 

8 Provided, That up to 4 percent of funds made 

9 available under this paragraph may be used for 

10 the purposes described in the DNA Training 

11 and Education for Law Enforcement, Correc12 tional Personnel, and Court Officers program 

13 (Public Law 108–405, section 303); 

14 (B) $7,000,000 is for the purposes de15 scribed in the Kirk Bloodsworth Post-Convic16 tion DNA Testing Grant Program (Public Law 

17 108–405, section 412); and 

18 (C) $4,000,000 is for Sexual Assault Fo19 rensic Exam Program grants, including as au20 thorized by section 304 of Public Law 108–405; 

21 (12) $50,000,000 for a grant program for com22 munity-based sexual assault response reform; 

23 (13) $12,000,000 for the court-appointed spe24 cial advocate program, as authorized by section 217 

25 of the 1990 Act; 


pbinns on DSK79D2C42PROD with BILLS
660 

HR 21 PCS 

1 (14) $50,000,000 for assistance to Indian 

2 tribes; 

3 (15) $90,000,000 for offender reentry programs 

4 and research, as authorized by the Second Chance 

5 Act of 2007 (Public Law 110–199), without regard 

6 to the time limitations specified at section 6(1) of 

7 such Act, of which not to exceed $6,000,000 is for 

8 a program to improve State, local, and tribal proba9 tion or parole supervision efforts and strategies, 

10 $5,000,000 is for Children of Incarcerated Parents 

11 Demonstrations to enhance and maintain parental 

12 and family relationships for incarcerated parents as 

13 a reentry or recidivism reduction strategy, and 

14 $4,000,000 is for additional replication sites employ15 ing the Project HOPE Opportunity Probation with 

16 Enforcement model implementing swift and certain 

17 sanctions in probation, and for a research project on 

18 the effectiveness of the model: Provided, That up to 

19 $7,500,000 of funds made available in this para20 graph may be used for performance-based awards 

21 for Pay for Success projects, of which up to 

22 $5,000,000 shall be for Pay for Success programs 

23 implementing the Permanent Supportive Housing 

24 Model; 


pbinns on DSK79D2C42PROD with BILLS
661 

HR 21 PCS 

1 (16) $360,000,000 for comprehensive opioid 

2 abuse reduction activities, including as authorized by 

3 CARA, and for the following programs, which shall 

4 address opioid abuse reduction consistent with un5 derlying program authorities— 

6 (A) $80,000,000 for Drug Courts, as au7 thorized by section 1001(a)(25)(A) of title I of 

8 the 1968 Act; 

9 (B) $32,500,000 for mental health courts 

10 and adult and juvenile collaboration program 

11 grants, as authorized by parts V and HH of 

12 title I of the 1968 Act, and the Mentally Ill Of13 fender Treatment and Crime Reduction Reau14 thorization and Improvement Act of 2008 (Pub15 lic Law 110–416); 

16 (C) $35,000,000 for grants for Residential 

17 Substance Abuse Treatment for State Pris18 oners, as authorized by part S of title I of the 

19 1968 Act; 

20 (D) $22,500,000 for a veterans treatment 

21 courts program; 

22 (E) $30,000,000 for a program to monitor 

23 prescription drugs and scheduled listed chemical 

24 products; and 


pbinns on DSK79D2C42PROD with BILLS
662 

HR 21 PCS 

1 (F) $160,000,000 for a comprehensive 

2 opioid abuse program; 

3 (17) $28,000,000 is for a justice reinvestment 

4 initiative, for activities related to criminal justice re5 form and recidivism reduction; 

6 (18) $22,500,000 is for a competitive matching 

7 grant program for purchases of body-worn cameras 

8 for State, local and Tribal law enforcement; 

9 (19) $2,500,000 is for a competitive grant pro10 gram authorized by the Keep Young Athletes Safe 

11 Act; 

12 (20) $75,000,000 is for grants to be adminis13 tered by the Bureau of Justice Assistance for pur14 poses authorized under the STOP School Violence 

15 Act; and 

16 (21) $50,000,000 is for competitive and evi17 dence-based programs to reduce gun crime and gang 

18 violence, as authorized by the Project Safe Neigh19 borhoods Act, of which— 

20 (A) $20,000,000 is for an Edward Byrne 

21 Memorial criminal justice innovation program; 

22 (B) $5,000,000 is for gang and youth vio23 lence education, prevention and intervention, 

24 and related activities; and 


pbinns on DSK79D2C42PROD with BILLS
663 

HR 21 PCS 

1 (C) $8,000,000 is for community-based vi2 olence prevention initiatives: 

3 Provided, That, if a unit of local government uses any of 

4 the funds made available under this heading to increase 

5 the number of law enforcement officers, the unit of local 

6 government will achieve a net gain in the number of law 

7 enforcement officers who perform non-administrative pub8 lic sector safety service. 

9 JUVENILE JUSTICE PROGRAMS

10 For grants, contracts, cooperative agreements, and 

11 other assistance authorized by the Juvenile Justice and 

12 Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the 

13 Omnibus Crime Control and Safe Streets Act of 1968 

14 (‘‘the 1968 Act’’); the Violence Against Women and De15 partment of Justice Reauthorization Act of 2005 (Public 

16 Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s 

17 Assistance Act (34 U.S.C. 11291 et seq.); the Prosecu18 torial Remedies and Other Tools to end the Exploitation 

19 of Children Today Act of 2003 (Public Law 108–21); the 

20 Victims of Child Abuse Act of 1990 (Public Law 101– 

21 647) (‘‘the 1990 Act’’); the Adam Walsh Child Protection 

22 and Safety Act of 2006 (Public Law 109–248) (‘‘the 

23 Adam Walsh Act’’); the PROTECT Our Children Act of 

24 2008 (Public Law 110–401); the Violence Against Women 

25 Reauthorization Act of 2013 (Public Law 113–4) (‘‘the 


pbinns on DSK79D2C42PROD with BILLS
664 

HR 21 PCS 

1 2013 Act’’); the Justice for All Reauthorization Act of 

2 2016 (Public Law 114-324); and other juvenile justice 

3 programs, $297,000,000, to remain available until ex4 pended as follows— 

5 (1) $66,000,000 for programs authorized by 

6 section 221 of the 1974 Act, and for training and 

7 technical assistance to assist small, nonprofit organi8 zations with the Federal grants process: Provided, 

9 That of the amounts provided under this paragraph, 

10 $500,000 shall be for a competitive demonstration 

11 grant program to support emergency planning 

12 among State, local and tribal juvenile justice resi13 dential facilities; 

14 (2) $94,000,000 for youth mentoring grants; 

15 (3) $30,500,000 for delinquency prevention, as 

16 authorized by section 505 of the 1974 Act, of which, 

17 pursuant to sections 261 and 262 thereof— 

18 (A) $7,000,000 shall be for the Tribal 

19 Youth Program; 

20 (B) $500,000 shall be for an Internet site 

21 providing information and resources on children 

22 of incarcerated parents; 

23 (C) $2,000,000 shall be for competitive 

24 grants focusing on girls in the juvenile justice 

25 system; 


pbinns on DSK79D2C42PROD with BILLS
665 

HR 21 PCS 

1 (D) $10,000,000 shall be for an opioid-af2 fected youth initiative; 

3 (E) $11,000,000 shall be for an initiative 

4 relating to children exposed to violence; 

5 (4) $25,000,000 for programs authorized by 

6 the Victims of Child Abuse Act of 1990; 

7 (5) $76,000,000 for missing and exploited chil8 dren programs, including as authorized by sections 

9 404(b) and 405(a) of the 1974 Act (except that sec10 tion 102(b)(4)(B) of the PROTECT Our Children 

11 Act of 2008 (Public Law 110–401) shall not apply 

12 for purposes of this Act); 

13 (6) $3,500,000 for child abuse training pro14 grams for judicial personnel and practitioners, as 

15 authorized by section 222 of the 1990 Act; and 

16 (7) $2,000,000 for a program to improve juve17 nile indigent defense: 

18 Provided, That not more than 10 percent of each amount 

19 may be used for research, evaluation, and statistics activi20 ties designed to benefit the programs or activities author21 ized: Provided further, That not more than 2 percent of 

22 the amounts designated under paragraphs (1) through (3) 

23 and (6) may be used for training and technical assistance: 

24 Provided further, That the two preceding provisos shall not 

25 apply to grants and projects administered pursuant to secVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00665 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
666 

HR 21 PCS 

1 tions 261 and 262 of the 1974 Act and to missing and 

2 exploited children programs. 

3 PUBLIC SAFETY OFFICER BENEFITS

4 (INCLUDING TRANSFER OF FUNDS)

5 For payments and expenses authorized under section 

6 1001(a)(4) of title I of the Omnibus Crime Control and 

7 Safe Streets Act of 1968, such sums as are necessary (in8 cluding amounts for administrative costs), to remain avail9 able until expended; and $24,800,000 for payments au10 thorized by section 1201(b) of such Act and for edu11 cational assistance authorized by section 1218 of such Act, 

12 to remain available until expended: Provided, That not13 withstanding section 205 of this Act, upon a determina14 tion by the Attorney General that emergent circumstances 

15 require additional funding for such disability and edu16 cation payments, the Attorney General may transfer such 

17 amounts to ‘‘Public Safety Officer Benefits’’ from avail18 able appropriations for the Department of Justice as may 

19 be necessary to respond to such circumstances: Provided 

20 further, That any transfer pursuant to the preceding pro21 viso shall be treated as a reprogramming under section 

22 505 of this Act and shall not be available for obligation 

23 or expenditure except in compliance with the procedures 

24 set forth in that section. 


pbinns on DSK79D2C42PROD with BILLS
667 

HR 21 PCS 

1 COMMUNITY ORIENTED POLICING SERVICES

2 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

3 (INCLUDING TRANSFER OF FUNDS)

4 For activities authorized by the Violent Crime Con5 trol and Law Enforcement Act of 1994 (Public Law 103– 

6 322); the Omnibus Crime Control and Safe Streets Act 

7 of 1968 (‘‘the 1968 Act’’); and the Violence Against 

8 Women and Department of Justice Reauthorization Act 

9 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’), 

10 $310,000,000, to remain available until expended: Pro11 vided, That any balances made available through prior 

12 year deobligations shall only be available in accordance 

13 with section 505 of this Act: Provided further, That of the 

14 amount provided under this heading— 

15 (1) $235,000,000 is for grants under section 

16 1701 of title I of the 1968 Act (34 U.S.C. 10381) 

17 for the hiring and rehiring of additional career law 

18 enforcement officers under part Q of such title not19 withstanding subsection (i) of such section: Pro20 vided, That, notwithstanding section 1704(c) of such 

21 title (34 U.S.C. 10384(c)), funding for hiring or re22 hiring a career law enforcement officer may not ex23 ceed $125,000 unless the Director of the Office of 

24 Community Oriented Policing Services grants a 

25 waiver from this limitation: Provided further, That 


pbinns on DSK79D2C42PROD with BILLS
668 

HR 21 PCS 

1 within the amounts appropriated under this para2 graph, $27,000,000 is for improving tribal law en3 forcement, including hiring, equipment, training, 

4 anti-methamphetamine activities, and anti-opioid ac5 tivities: Provided further, That of the amounts ap6 propriated under this paragraph, $10,000,000 is for 

7 community policing development activities in fur8 therance of the purposes in section 1701: Provided 

9 further, That of the amounts appropriated under 

10 this paragraph $37,000,000 is for regional informa11 tion sharing activities, as authorized by part M of 

12 title I of the 1968 Act, which shall be transferred 

13 to and merged with ‘‘Research, Evaluation, and Sta14 tistics’’ for administration by the Office of Justice 

15 Programs: Provided further, That within the 

16 amounts appropriated under this paragraph, no less 

17 than $3,000,000 is to support the Tribal Access 

18 Program: Provided further, That within the amounts 

19 appropriated under this paragraph, $2,000,000 is 

20 for training, peer mentoring, and mental health pro21 gram activities as authorized under the Law En22 forcement Mental Health and Wellness Act (Public 

23 Law 115–113); 

24 (2) $10,000,000 is for activities authorized by 

25 the POLICE Act of 2016 (Public Law 114–199); 


pbinns on DSK79D2C42PROD with BILLS
669 

HR 21 PCS 

1 (3) $8,000,000 is for competitive grants to 

2 State law enforcement agencies in States with high 

3 seizures of precursor chemicals, finished meth4 amphetamine, laboratories, and laboratory dump sei5 zures: Provided, That funds appropriated under this 

6 paragraph shall be utilized for investigative purposes 

7 to locate or investigate illicit activities, including 

8 precursor diversion, laboratories, or methamphet9 amine traffickers; 

10 (4) $32,000,000 is for competitive grants to 

11 statewide law enforcement agencies in States with 

12 high rates of primary treatment admissions for her13 oin and other opioids: Provided, That these funds 

14 shall be utilized for investigative purposes to locate 

15 or investigate illicit activities, including activities re16 lated to the distribution of heroin or unlawful dis17 tribution of prescription opioids, or unlawful heroin 

18 and prescription opioid traffickers through statewide 

19 collaboration; and 

20 (5) $25,000,000 is for competitive grants to be 

21 administered by the Community Oriented Policing 

22 Services Office for purposes authorized under the 

23 STOP School Violence Act (title V of division S of 

24 Public Law 115–141). 


pbinns on DSK79D2C42PROD with BILLS
670 

HR 21 PCS 

1 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 201. In addition to amounts otherwise made 

4 available in this title for official reception and representa5 tion expenses, a total of not to exceed $50,000 from funds 

6 appropriated to the Department of Justice in this title 

7 shall be available to the Attorney General for official re8 ception and representation expenses. 

9 SEC. 202. None of the funds appropriated by this 

10 title shall be available to pay for an abortion, except where 

11 the life of the mother would be endangered if the fetus 

12 were carried to term, or in the case of rape or incest: Pro13 vided, That should this prohibition be declared unconstitu14 tional by a court of competent jurisdiction, this section 

15 shall be null and void. 

16 SEC. 203. None of the funds appropriated under this 

17 title shall be used to require any person to perform, or 

18 facilitate in any way the performance of, any abortion. 

19 SEC. 204. Nothing in the preceding section shall re20 move the obligation of the Director of the Bureau of Pris21 ons to provide escort services necessary for a female in22 mate to receive such service outside the Federal facility: 

23 Provided, That nothing in this section in any way dimin24 ishes the effect of section 203 intended to address the philVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00670 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
671 

HR 21 PCS 

1 osophical beliefs of individual employees of the Bureau of 

2 Prisons. 

3 SEC. 205. Not to exceed 5 percent of any appropria4 tion made available for the current fiscal year for the De5 partment of Justice in this Act may be transferred be6 tween such appropriations, but no such appropriation, ex7 cept as otherwise specifically provided, shall be increased 

8 by more than 10 percent by any such transfers: Provided, 

9 That any transfer pursuant to this section shall be treated 

10 as a reprogramming of funds under section 505 of this 

11 Act and shall not be available for obligation except in com12 pliance with the procedures set forth in that section. 

13 SEC. 206. None of the funds made available under 

14 this title may be used by the Federal Bureau of Prisons 

15 or the United States Marshals Service for the purpose of 

16 transporting an individual who is a prisoner pursuant to 

17 conviction for crime under State or Federal law and is 

18 classified as a maximum or high security prisoner, other 

19 than to a prison or other facility certified by the Federal 

20 Bureau of Prisons as appropriately secure for housing 

21 such a prisoner. 

22 SEC. 207. (a) None of the funds appropriated by this 

23 Act may be used by Federal prisons to purchase cable tele24 vision services, or to rent or purchase audiovisual or elecVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00671 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
672 

HR 21 PCS 

1 tronic media or equipment used primarily for recreational 

2 purposes. 

3 (b) Subsection (a) does not preclude the rental, main4 tenance, or purchase of audiovisual or electronic media or 

5 equipment for inmate training, religious, or educational 

6 programs. 

7 SEC. 208. None of the funds made available under 

8 this title shall be obligated or expended for any new or 

9 enhanced information technology program having total es10 timated development costs in excess of $100,000,000, un11 less the Deputy Attorney General and the investment re12 view board certify to the Committees on Appropriations 

13 of the House of Representatives and the Senate that the 

14 information technology program has appropriate program 

15 management controls and contractor oversight mecha16 nisms in place, and that the program is compatible with 

17 the enterprise architecture of the Department of Justice. 

18 SEC. 209. The notification thresholds and procedures 

19 set forth in section 505 of this Act shall apply to devi20 ations from the amounts designated for specific activities 

21 in this Act, and to any use of deobligated balances of 

22 funds provided under this title in previous years. 

23 SEC. 210. None of the funds appropriated by this Act 

24 may be used to plan for, begin, continue, finish, process, 

25 or approve a public-private competition under the Office 


pbinns on DSK79D2C42PROD with BILLS
673 

HR 21 PCS 

1 of Management and Budget Circular A–76 or any suc2 cessor administrative regulation, directive, or policy for 

3 work performed by employees of the Bureau of Prisons 

4 or of Federal Prison Industries, Incorporated. 

5 SEC. 211. Notwithstanding any other provision of 

6 law, no funds shall be available for the salary, benefits, 

7 or expenses of any United States Attorney assigned dual 

8 or additional responsibilities by the Attorney General or 

9 his designee that exempt that United States Attorney 

10 from the residency requirements of section 545 of title 28, 

11 United States Code. 

12 SEC. 212. At the discretion of the Attorney General, 

13 and in addition to any amounts that otherwise may be 

14 available (or authorized to be made available) by law, with 

15 respect to funds appropriated by this title under the head16 ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and 

17 Local Law Enforcement Assistance’’, and ‘‘Juvenile Jus18 tice Programs’’— 

19 (1) up to 3 percent of funds made available to 

20 the Office of Justice Programs for grant or reim21 bursement programs may be used by such Office to 

22 provide training and technical assistance; and 

23 (2) up to 2 percent of funds made available for 

24 grant or reimbursement programs under such head25 ings, except for amounts appropriated specifically for 


pbinns on DSK79D2C42PROD with BILLS
674 

HR 21 PCS 

1 research, evaluation, or statistical programs adminis2 tered by the National Institute of Justice and the 

3 Bureau of Justice Statistics, shall be transferred to 

4 and merged with funds provided to the National In5 stitute of Justice and the Bureau of Justice Statis6 tics, to be used by them for research, evaluation, or 

7 statistical purposes, without regard to the authoriza8 tions for such grant or reimbursement programs. 

9 SEC. 213. Upon request by a grantee for whom the 

10 Attorney General has determined there is a fiscal hard11 ship, the Attorney General may, with respect to funds ap12 propriated in this or any other Act making appropriations 

13 for fiscal years 2016 through 2019 for the following pro14 grams, waive the following requirements: 

15 (1) For the adult and juvenile offender State 

16 and local reentry demonstration projects under part 

17 FF of title I of the Omnibus Crime Control and 

18 Safe Streets Act of 1968 (34 U.S.C. 10631 et seq.), 

19 the requirements under section 2976(g)(1) of such 

20 part (34 U.S.C. 10631(g)(1)). 

21 (2) For State, Tribal, and local reentry courts 

22 under part FF of title I of such Act of 1968 (34 

23 U.S.C. 10631 et seq.), the requirements under sec24 tion 2978(e)(1) and (2) of such part (34 U.S.C. 

25 10633(e)(1) and (2)). 


pbinns on DSK79D2C42PROD with BILLS
675 

HR 21 PCS 

1 (3) For the prosecution drug treatment alter2 natives to prison program under part CC of title I 

3 of such Act of 1968 (34 U.S.C. 10581), the require4 ments under the second sentence of section 2901(f) 

5 of such part (34 U.S.C. 10581(f)). 

6 SEC. 214. Notwithstanding any other provision of 

7 law, section 20109(a) of subtitle A of title II of the Violent 

8 Crime Control and Law Enforcement Act of 1994 (34 

9 U.S.C. 12109(a)) shall not apply to amounts made avail10 able by this or any other Act. 

11 SEC. 215. None of the funds made available under 

12 this Act, other than for the national instant criminal back13 ground check system established under section 103 of the 

14 Brady Handgun Violence Prevention Act (34 U.S.C. 

15 40901), may be used by a Federal law enforcement officer 

16 to facilitate the transfer of an operable firearm to an indi17 vidual if the Federal law enforcement officer knows or sus18 pects that the individual is an agent of a drug cartel, un19 less law enforcement personnel of the United States con20 tinuously monitor or control the firearm at all times. 

21 SEC. 216. (a) None of the income retained in the De22 partment of Justice Working Capital Fund pursuant to 

23 title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 

24 527 note) shall be available for obligation during fiscal 

25 year 2019, except up to $40,000,000 may be obligated for 


pbinns on DSK79D2C42PROD with BILLS
676 

HR 21 PCS 

1 implementation of a unified Department of Justice finan2 cial management system. 

3 (b) Not to exceed $30,000,000 of the unobligated bal4 ances transferred to the capital account of the Department 

5 of Justice Working Capital Fund pursuant to title I of 

6 Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) 

7 shall be available for obligation in fiscal year 2019, and 

8 any use, obligation, transfer or allocation of such funds 

9 shall be treated as a reprogramming of funds under sec10 tion 505 of this Act. 

11 (c) Not to exceed $10,000,000 of the excess unobli12 gated balances available under section 524(c)(8)(E) of 

13 title 28, United States Code, shall be available for obliga14 tion during fiscal year 2019, and any use, obligation, 

15 transfer or allocation of such funds shall be treated as a 

16 reprogramming of funds under section 505 of this Act. 

17 SEC. 217. Discretionary funds that are made avail18 able in this Act for the Office of Justice Programs may 

19 be used to participate in Performance Partnership Pilots 

20 authorized under section 526 of division H of Public Law 

21 113–76, section 524 of division G of Public Law 113–235, 

22 section 525 of division H of Public Law 114–113, and 

23 such authorities as are enacted for Performance Partner24 ship Pilots in an appropriations Act for fiscal years 2018 

25 and 2019. 


pbinns on DSK79D2C42PROD with BILLS
677 

HR 21 PCS 

1 This title may be cited as the ‘‘Department of Justice 

2 Appropriations Act, 2019’’. 

3 TITLE III 

4 SCIENCE 

5 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

6 For necessary expenses of the Office of Science and 

7 Technology Policy, in carrying out the purposes of the Na8 tional Science and Technology Policy, Organization, and 

9 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of 

10 passenger motor vehicles, and services as authorized by 

11 section 3109 of title 5, United States Code, not to exceed 

12 $2,250 for official reception and representation expenses, 

13 and rental of conference rooms in the District of Colum14 bia, $5,544,000. 

15 NATIONAL SPACE COUNCIL

16 For necessary expenses of the National Space Coun17 cil, in carrying out the purposes of Title V of Public Law 

18 100-685 and Executive Order 13803, hire of passenger 

19 motor vehicles, and services as authorized by section 3109 

20 of title 5, United States Code, not to exceed $2,250 for 

21 official reception and representation expenses, 

22 $1,965,000: Provided, That notwithstanding any other 

23 provision of law, the National Space Council may accept 

24 personnel support from Federal agencies, departments, 

25 and offices, and such Federal agencies, departments, and 


pbinns on DSK79D2C42PROD with BILLS
678 

HR 21 PCS 

1 offices may detail staff without reimbursement to the Na2 tional Space Council for purposes provided herein. 

3 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

4 SCIENCE

5 For necessary expenses, not otherwise provided for, 

6 in the conduct and support of science research and devel7 opment activities, including research, development, oper8 ations, support, and services; maintenance and repair, fa9 cility planning and design; space flight, spacecraft control, 

10 and communications activities; program management; per11 sonnel and related costs, including uniforms or allowances 

12 therefor, as authorized by sections 5901 and 5902 of title 

13 5, United States Code; travel expenses; purchase and hire 

14 of passenger motor vehicles; and purchase, lease, charter, 

15 maintenance, and operation of mission and administrative 

16 aircraft, $6,400,300,000, to remain available until Sep17 tember 30, 2020: Provided, That the formulation and de18 velopment costs (with development cost as defined under 

19 section 30104 of title 51, United States Code) for the 

20 James Webb Space Telescope shall not exceed 

21 $8,000,000,000: Provided further, That should the indi22 vidual identified under subsection (c)(2)(E) of section 

23 30104 of title 51, United States Code, as responsible for 

24 the James Webb Space Telescope determine that the de25 velopment cost of the program is likely to exceed that limiVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00678 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
679 

HR 21 PCS 

1 tation, the individual shall immediately notify the Admin2 istrator and the increase shall be treated as if it meets 

3 the 30 percent threshold described in subsection (f) of sec4 tion 30104. 

5 AERONAUTICS

6 For necessary expenses, not otherwise provided for, 

7 in the conduct and support of aeronautics research and 

8 development activities, including research, development, 

9 operations, support, and services; maintenance and repair, 

10 facility planning and design; space flight, spacecraft con11 trol, and communications activities; program manage12 ment; personnel and related costs, including uniforms or 

13 allowances therefor, as authorized by sections 5901 and 

14 5902 of title 5, United States Code; travel expenses; pur15 chase and hire of passenger motor vehicles; and purchase, 

16 lease, charter, maintenance, and operation of mission and 

17 administrative aircraft, $725,000,000, to remain available 

18 until September 30, 2020. 

19 SPACE TECHNOLOGY

20 For necessary expenses, not otherwise provided for, 

21 in the conduct and support of space technology research 

22 and development activities, including research, develop23 ment, operations, support, and services; maintenance and 

24 repair, facility planning and design; space flight, space25 craft control, and communications activities; program 


pbinns on DSK79D2C42PROD with BILLS
680 

HR 21 PCS 

1 management; personnel and related costs, including uni2 forms or allowances therefor, as authorized by sections 

3 5901 and 5902 of title 5, United States Code; travel ex4 penses; purchase and hire of passenger motor vehicles; and 

5 purchase, lease, charter, maintenance, and operation of 

6 mission and administrative aircraft, $932,800,000, to re7 main available until September 30, 2020: Provided, That 

8 $180,000,000 shall be for RESTORE. 

9 EXPLORATION

10 For necessary expenses, not otherwise provided for, 

11 in the conduct and support of exploration research and 

12 development activities, including research, development, 

13 operations, support, and services; maintenance and repair, 

14 facility planning and design; space flight, spacecraft con15 trol, and communications activities; program manage16 ment; personnel and related costs, including uniforms or 

17 allowances therefor, as authorized by sections 5901 and 

18 5902 of title 5, United States Code; travel expenses; pur19 chase and hire of passenger motor vehicles; and purchase, 

20 lease, charter, maintenance, and operation of mission and 

21 administrative aircraft, $5,338,700,000, to remain avail22 able until September 30, 2020: Provided, That not less 

23 than $1,350,000,000 shall be for the Orion Multi-Purpose 

24 Crew Vehicle: Provided further, That not less than 

25 $2,150,000,000 shall be for the Space Launch System 


pbinns on DSK79D2C42PROD with BILLS
681 

HR 21 PCS 

1 (SLS) launch vehicle, which shall have a lift capability not 

2 less than 130 metric tons and which shall have core ele3 ments and an Exploration Upper Stage developed simulta4 neously: Provided further, That $795,000,000 shall be for 

5 Exploration Ground Systems, including $255,000,000 for 

6 a second mobile launch platform and associated SLS ac7 tivities: Provided further, That the National Aeronautics 

8 and Space Administration (NASA) shall provide to the 

9 Committees on Appropriations of the House of Represent10 atives and the Senate, concurrent with the annual budget 

11 submission, a 5-year budget profile for an integrated sys12 tem that includes the Space Launch System, the Orion 

13 Multi-Purpose Crew Vehicle, and associated ground sys14 tems that will ensure an Exploration Mission-2 crewed 

15 launch as early as possible, as well as a system-based 

16 funding profile for a sustained launch cadence beyond the 

17 initial crewed test launch: Provided further, That acquisi18 tion of Orion crew vehicles, SLS launch vehicles, Explo19 ration Ground Systems, mobile launch platforms, and 

20 their associated components may be funded incrementally 

21 in fiscal year 2019 and thereafter: Provided further, That 

22 $1,043,700,000 shall be for exploration research and de23 velopment. 


pbinns on DSK79D2C42PROD with BILLS
682 

HR 21 PCS 

1 SPACE OPERATIONS

2 For necessary expenses, not otherwise provided for, 

3 in the conduct and support of space operations research 

4 and development activities, including research, develop5 ment, operations, support and services; space flight, space6 craft control and communications activities, including op7 erations, production, and services; maintenance and re8 pair, facility planning and design; program management; 

9 personnel and related costs, including uniforms or allow10 ances therefor, as authorized by sections 5901 and 5902 

11 of title 5, United States Code; travel expenses; purchase 

12 and hire of passenger motor vehicles; and purchase, lease, 

13 charter, maintenance and operation of mission and admin14 istrative aircraft, $4,639,100,000, to remain available 

15 until September 30, 2020. 

16 SCIENCE, TECHNOLOGY, ENGINEERING, AND

17 MATHEMATICS OPPORTUNITIES

18 For necessary expenses, not otherwise provided for, 

19 in the conduct and support of aerospace and aeronautical 

20 education research and development activities, including 

21 research, development, operations, support, and services; 

22 program management; personnel and related costs, includ23 ing uniforms or allowances therefor, as authorized by sec24 tions 5901 and 5902 of title 5, United States Code; travel 

25 expenses; purchase and hire of passenger motor vehicles; 


pbinns on DSK79D2C42PROD with BILLS
683 

HR 21 PCS 

1 and purchase, lease, charter, maintenance, and operation 

2 of mission and administrative aircraft, $110,000,000, to 

3 remain available until September 30, 2020, of which 

4 $21,000,000 shall be for the Established Program to 

5 Stimulate Competitive Research and $44,000,000 shall be 

6 for the National Space Grant College and Fellowship Pro7 gram. 

8 SAFETY, SECURITY AND MISSION SERVICES

9 For necessary expenses, not otherwise provided for, 

10 in the conduct and support of science, aeronautics, space 

11 technology, exploration, space operations and education 

12 research and development activities, including research, 

13 development, operations, support, and services; mainte14 nance and repair, facility planning and design; space 

15 flight, spacecraft control, and communications activities; 

16 program management; personnel and related costs, includ17 ing uniforms or allowances therefor, as authorized by sec18 tions 5901 and 5902 of title 5, United States Code; travel 

19 expenses; purchase and hire of passenger motor vehicles; 

20 not to exceed $63,000 for official reception and represen21 tation expenses; and purchase, lease, charter, mainte22 nance, and operation of mission and administrative air23 craft, $2,750,000,000, to remain available until Sep24 tember 30, 2020. 


pbinns on DSK79D2C42PROD with BILLS
684 

HR 21 PCS 

1 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

2 RESTORATION

3 For necessary expenses for construction of facilities 

4 including repair, rehabilitation, revitalization, and modi5 fication of facilities, construction of new facilities and ad6 ditions to existing facilities, facility planning and design, 

7 and restoration, and acquisition or condemnation of real 

8 property, as authorized by law, and environmental compli9 ance and restoration, $388,200,000, to remain available 

10 until September 30, 2024: Provided, That proceeds from 

11 leases deposited into this account shall be available for a 

12 period of 5 years to the extent and in amounts as provided 

13 in annual appropriations Acts: Provided further, That such 

14 proceeds referred to in the preceding proviso shall be avail15 able for obligation for fiscal year 2019 in an amount not 

16 to exceed $9,470,300: Provided further, That each annual 

17 budget request shall include an annual estimate of gross 

18 receipts and collections and proposed use of all funds col19 lected pursuant to section 20145 of title 51, United States 

20 Code. 

21 OFFICE OF INSPECTOR GENERAL

22 For necessary expenses of the Office of Inspector 

23 General in carrying out the Inspector General Act of 1978, 

24 $39,300,000, of which $500,000 shall remain available 

25 until September 30, 2020. 


pbinns on DSK79D2C42PROD with BILLS
685 

HR 21 PCS 

1 ADMINISTRATIVE PROVISIONS

2 (INCLUDING TRANSFER OF FUNDS)

3 Funds for any announced prize otherwise authorized 

4 shall remain available, without fiscal year limitation, until 

5 a prize is claimed or the offer is withdrawn. 

6 Not to exceed 5 percent of any appropriation made 

7 available for the current fiscal year for the National Aero8 nautics and Space Administration in this Act may be 

9 transferred between such appropriations, but no such ap10 propriation, except as otherwise specifically provided, shall 

11 be increased by more than 10 percent by any such trans12 fers. Balances so transferred shall be merged with and 

13 available for the same purposes and the same time period 

14 as the appropriations to which transferred. Any transfer 

15 pursuant to this provision shall be treated as a reprogram16 ming of funds under section 505 of this Act and shall not 

17 be available for obligation except in compliance with the 

18 procedures set forth in that section. 

19 The spending plan required by this Act shall be pro20 vided by NASA at the theme, program, project and activ21 ity level. The spending plan, as well as any subsequent 

22 change of an amount established in that spending plan 

23 that meets the notification requirements of section 505 of 

24 this Act, shall be treated as a reprogramming under sec25 tion 505 of this Act and shall not be available for obligaVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00685 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
686 

HR 21 PCS 

1 tion or expenditure except in compliance with the proce2 dures set forth in that section. 

3 NATIONAL SCIENCE FOUNDATION

4 RESEARCH AND RELATED ACTIVITIES

5 For necessary expenses in carrying out the National 

6 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), 

7 and Public Law 86–209 (42 U.S.C. 1880 et seq.); services 

8 as authorized by section 3109 of title 5, United States 

9 Code; maintenance and operation of aircraft and purchase 

10 of flight services for research support; acquisition of air11 craft; and authorized travel; $6,556,183,000, to remain 

12 available until September 30, 2020, of which not to exceed 

13 $544,000,000 shall remain available until expended for 

14 polar research and operations support, and for reimburse15 ment to other Federal agencies for operational and science 

16 support and logistical and other related activities for the 

17 United States Antarctic program: Provided, That receipts 

18 for scientific support services and materials furnished by 

19 the National Research Centers and other National Science 

20 Foundation supported research facilities may be credited 

21 to this appropriation. 

22 MAJOR RESEARCH EQUIPMENT AND FACILITIES

23 CONSTRUCTION

24 For necessary expenses for the acquisition, construc25 tion, commissioning, and upgrading of major research 


pbinns on DSK79D2C42PROD with BILLS
687 

HR 21 PCS 

1 equipment, facilities, and other such capital assets pursu2 ant to the National Science Foundation Act of 1950 (42 

3 U.S.C. 1861 et seq.), including authorized travel, 

4 $249,254,000, to remain available until expended. 

5 EDUCATION AND HUMAN RESOURCES

6 For necessary expenses in carrying out science, math7 ematics and engineering education and human resources 

8 programs and activities pursuant to the National Science 

9 Foundation Act of 1950 (42 U.S.C. 1861 et seq.), includ10 ing services as authorized by section 3109 of title 5, 

11 United States Code, authorized travel, and rental of con12 ference rooms in the District of Columbia, $915,000,000, 

13 to remain available until September 30, 2020. 

14 AGENCY OPERATIONS AND AWARD MANAGEMENT

15 For agency operations and award management nec16 essary in carrying out the National Science Foundation 

17 Act of 1950 (42 U.S.C. 1861 et seq.); services authorized 

18 by section 3109 of title 5, United States Code; hire of pas19 senger motor vehicles; uniforms or allowances therefor, as 

20 authorized by sections 5901 and 5902 of title 5, United 

21 States Code; rental of conference rooms in the District of 

22 Columbia; and reimbursement of the Department of 

23 Homeland Security for security guard services; 

24 $328,510,000: Provided, That not to exceed $8,280 is for 

25 official reception and representation expenses: Provided 


pbinns on DSK79D2C42PROD with BILLS
688 

HR 21 PCS 

1 further, That contracts may be entered into under this 

2 heading in fiscal year 2019 for maintenance and operation 

3 of facilities and for other services to be provided during 

4 the next fiscal year. 

5 OFFICE OF THE NATIONAL SCIENCE BOARD

6 For necessary expenses (including payment of sala7 ries, authorized travel, hire of passenger motor vehicles, 

8 the rental of conference rooms in the District of Columbia, 

9 and the employment of experts and consultants under sec10 tion 3109 of title 5, United States Code) involved in car11 rying out section 4 of the National Science Foundation 

12 Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 

13 (42 U.S.C. 1880 et seq.), $4,370,000: Provided, That not 

14 to exceed $2,500 shall be available for official reception 

15 and representation expenses. 

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector 

18 General as authorized by the Inspector General Act of 

19 1978, $15,350,000, of which $400,000 shall remain avail20 able until September 30, 2020. 

21 ADMINISTRATIVE PROVISIONS

22 (INCLUDING TRANSFER OF FUNDS)

23 Not to exceed 5 percent of any appropriation made 

24 available for the current fiscal year for the National 

25 Science Foundation in this Act may be transferred beVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00688 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
689 

HR 21 PCS 

1 tween such appropriations, but no such appropriation shall 

2 be increased by more than 10 percent by any such trans3 fers. Any transfer pursuant to this paragraph shall be 

4 treated as a reprogramming of funds under section 505 

5 of this Act and shall not be available for obligation except 

6 in compliance with the procedures set forth in that section. 

7 The Director of the National Science Foundation 

8 shall notify the Committees on Appropriations of the 

9 House of Representatives and the Senate at least 30 days 

10 in advance of the acquisition or disposal of any capital 

11 asset (including land, structures, and equipment) not spe12 cifically provided for in this Act or any other law appro13 priating funds for the National Science Foundation. 

14 This title may be cited as the ‘‘Science Appropria15 tions Act, 2019’’. 

16 TITLE IV 

17 RELATED AGENCIES 

18 COMMISSION ON CIVIL RIGHTS

19 SALARIES AND EXPENSES

20 For necessary expenses of the Commission on Civil 

21 Rights, including hire of passenger motor vehicles, 

22 $10,065,000: Provided, That none of the funds appro23 priated in this paragraph may be used to employ any indi24 viduals under Schedule C of subpart C of part 213 of title 

25 5 of the Code of Federal Regulations exclusive of one speVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00689 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
690 

HR 21 PCS 

1 cial assistant for each Commissioner: Provided further, 

2 That none of the funds appropriated in this paragraph 

3 shall be used to reimburse Commissioners for more than 

4 75 billable days, with the exception of the chairperson, 

5 who is permitted 125 billable days: Provided further, That 

6 the Chair may accept and use any gift or donation to carry 

7 out the work of the Commission: Provided further, That 

8 none of the funds appropriated in this paragraph shall be 

9 used for any activity or expense that is not explicitly au10 thorized by section 3 of the Civil Rights Commission Act 

11 of 1983 (42 U.S.C. 1975a). 

12 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Equal Employment 

15 Opportunity Commission as authorized by title VII of the 

16 Civil Rights Act of 1964, the Age Discrimination in Em17 ployment Act of 1967, the Equal Pay Act of 1963, the 

18 Americans with Disabilities Act of 1990, section 501 of 

19 the Rehabilitation Act of 1973, the Civil Rights Act of 

20 1991, the Genetic Information Nondiscrimination Act 

21 (GINA) of 2008 (Public Law 110–233), the ADA Amend22 ments Act of 2008 (Public Law 110–325), and the Lilly 

23 Ledbetter Fair Pay Act of 2009 (Public Law 111–2), in24 cluding services as authorized by section 3109 of title 5, 

25 United States Code; hire of passenger motor vehicles as 


pbinns on DSK79D2C42PROD with BILLS
691 

HR 21 PCS 

1 authorized by section 1343(b) of title 31, United States 

2 Code; nonmonetary awards to private citizens; and up to 

3 $29,500,000 for payments to State and local enforcement 

4 agencies for authorized services to the Commission, 

5 $379,500,000: Provided, That the Commission is author6 ized to make available for official reception and represen7 tation expenses not to exceed $2,250 from available funds: 

8 Provided further, That the Commission may take no action 

9 to implement any workforce repositioning, restructuring, 

10 or reorganization until such time as the Committees on 

11 Appropriations of the House of Representatives and the 

12 Senate have been notified of such proposals, in accordance 

13 with the reprogramming requirements of section 505 of 

14 this Act: Provided further, That the Chair is authorized 

15 to accept and use any gift or donation to carry out the 

16 work of the Commission. 

17 INTERNATIONAL TRADE COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the International Trade 

20 Commission, including hire of passenger motor vehicles 

21 and services as authorized by section 3109 of title 5, 

22 United States Code, and not to exceed $2,250 for official 

23 reception and representation expenses, $95,000,000, to re24 main available until expended. 


pbinns on DSK79D2C42PROD with BILLS
692 

HR 21 PCS 

1 LEGAL SERVICES CORPORATION

2 PAYMENT TO THE LEGAL SERVICES CORPORATION

3 For payment to the Legal Services Corporation to 

4 carry out the purposes of the Legal Services Corporation 

5 Act of 1974, $410,000,000, of which $376,000,000 is for 

6 basic field programs and required independent audits; 

7 $5,100,000 is for the Office of Inspector General, of which 

8 such amounts as may be necessary may be used to conduct 

9 additional audits of recipients; $19,400,000 is for manage10 ment and grants oversight; $4,000,000 is for client self11 help and information technology; $4,500,000 is for a Pro 

12 Bono Innovation Fund; and $1,000,000 is for loan repay13 ment assistance: Provided, That the Legal Services Cor14 poration may continue to provide locality pay to officers 

15 and employees at a rate no greater than that provided by 

16 the Federal Government to Washington, DC-based em17 ployees as authorized by section 5304 of title 5, United 

18 States Code, notwithstanding section 1005(d) of the Legal 

19 Services Corporation Act (42 U.S.C. 2996d(d)): Provided 

20 further, That the authorities provided in section 205 of 

21 this Act shall be applicable to the Legal Services Corpora22 tion: Provided further, That, for the purposes of section 

23 505 of this Act, the Legal Services Corporation shall be 

24 considered an agency of the United States Government. 


pbinns on DSK79D2C42PROD with BILLS
693 

HR 21 PCS 

1 ADMINISTRATIVE PROVISION—LEGAL SERVICES

2 CORPORATION

3 None of the funds appropriated in this Act to the 

4 Legal Services Corporation shall be expended for any pur5 pose prohibited or limited by, or contrary to any of the 

6 provisions of, sections 501, 502, 503, 504, 505, and 506 

7 of Public Law 105–119, and all funds appropriated in this 

8 Act to the Legal Services Corporation shall be subject to 

9 the same terms and conditions set forth in such sections, 

10 except that all references in sections 502 and 503 to 1997 

11 and 1998 shall be deemed to refer instead to 2018 and 

12 2019, respectively. 

13 MARINE MAMMAL COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Marine Mammal Com16 mission as authorized by title II of the Marine Mammal 

17 Protection Act of 1972 (16 U.S.C. 1361 et seq.), 

18 $4,200,000. 

19 OFFICE OF THE UNITED STATES TRADE

20 REPRESENTATIVE

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of the United 

23 States Trade Representative, including the hire of pas24 senger motor vehicles and the employment of experts and 

25 consultants as authorized by section 3109 of title 5, 


pbinns on DSK79D2C42PROD with BILLS
694 

HR 21 PCS 

1 United States Code, $57,600,000, of which $1,000,000 

2 shall remain available until expended: Provided, That of 

3 the total amount made available under this heading, not 

4 to exceed $124,000 shall be available for official reception 

5 and representation expenses. 

6 TRADE ENFORCEMENT TRUST FUND

7 (INCLUDING TRANSFER OF FUNDS)

8 For activities of the United States Trade Representa9 tive authorized by section 611 of the Trade Facilitation 

10 and Trade Enforcement Act of 2015 (19 U.S.C. 4405), 

11 including transfers, $15,000,000, to be derived from the 

12 Trade Enforcement Trust Fund: Provided, That any 

13 transfer pursuant to subsection (d)(1) of such section shall 

14 be treated as a reprogramming under section 505 of this 

15 Act. 

16 STATE JUSTICE INSTITUTE

17 SALARIES AND EXPENSES

18 For necessary expenses of the State Justice Institute, 

19 as authorized by the State Justice Institute Act of 1984 

20 (42 U.S.C. 10701 et seq.) $6,121,000, of which $500,000 

21 shall remain available until September 30, 2020: Provided, 

22 That not to exceed $2,250 shall be available for official 

23 reception and representation expenses: Provided further, 

24 That, for the purposes of section 505 of this Act, the State 


pbinns on DSK79D2C42PROD with BILLS
695 

HR 21 PCS 

1 Justice Institute shall be considered an agency of the 

2 United States Government. 

3 TITLE V 

4 GENERAL PROVISIONS 

5 (INCLUDING RESCISSIONS)

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 501. No part of any appropriation contained in 

8 this Act shall be used for publicity or propaganda purposes 

9 not authorized by the Congress. 

10 SEC. 502. No part of any appropriation contained in 

11 this Act shall remain available for obligation beyond the 

12 current fiscal year unless expressly so provided herein. 

13 SEC. 503. The expenditure of any appropriation 

14 under this Act for any consulting service through procure15 ment contract, pursuant to section 3109 of title 5, United 

16 States Code, shall be limited to those contracts where such 

17 expenditures are a matter of public record and available 

18 for public inspection, except where otherwise provided 

19 under existing law, or under existing Executive order 

20 issued pursuant to existing law. 

21 SEC. 504. If any provision of this Act or the applica22 tion of such provision to any person or circumstances shall 

23 be held invalid, the remainder of the Act and the applica24 tion of each provision to persons or circumstances other 


pbinns on DSK79D2C42PROD with BILLS
696 

HR 21 PCS 

1 than those as to which it is held invalid shall not be af2 fected thereby. 

3 SEC. 505. None of the funds provided under this Act, 

4 or provided under previous appropriations Acts to the 

5 agencies funded by this Act that remain available for obli6 gation or expenditure in fiscal year 2019, or provided from 

7 any accounts in the Treasury of the United States derived 

8 by the collection of fees available to the agencies funded 

9 by this Act, shall be available for obligation or expenditure 

10 through a reprogramming of funds that: (1) creates or ini11 tiates a new program, project or activity; (2) eliminates 

12 a program, project or activity; (3) increases funds or per13 sonnel by any means for any project or activity for which 

14 funds have been denied or restricted; (4) relocates an of15 fice or employees; (5) reorganizes or renames offices, pro16 grams or activities; (6) contracts out or privatizes any 

17 functions or activities presently performed by Federal em18 ployees; (7) augments existing programs, projects or ac19 tivities in excess of $500,000 or 10 percent, whichever is 

20 less, or reduces by 10 percent funding for any program, 

21 project or activity, or numbers of personnel by 10 percent; 

22 or (8) results from any general savings, including savings 

23 from a reduction in personnel, which would result in a 

24 change in existing programs, projects or activities as ap25 proved by Congress; unless the House and Senate ComVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00696 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
697 

HR 21 PCS 

1 mittees on Appropriations are notified 15 days in advance 

2 of such reprogramming of funds. 

3 SEC. 506. (a) If it has been finally determined by 

4 a court or Federal agency that any person intentionally 

5 affixed a label bearing a ‘‘Made in America’’ inscription, 

6 or any inscription with the same meaning, to any product 

7 sold in or shipped to the United States that is not made 

8 in the United States, the person shall be ineligible to re9 ceive any contract or subcontract made with funds made 

10 available in this Act, pursuant to the debarment, suspen11 sion, and ineligibility procedures described in sections 

12 9.400 through 9.409 of title 48, Code of Federal Regula13 tions. 

14 (b)(1) To the extent practicable, with respect to au15 thorized purchases of promotional items, funds made 

16 available by this Act shall be used to purchase items that 

17 are manufactured, produced, or assembled in the United 

18 States, its territories or possessions. 

19 (2) The term ‘‘promotional items’’ has the meaning 

20 given the term in OMB Circular A–87, Attachment B, 

21 Item (1)(f)(3). 

22 SEC. 507. (a) The Departments of Commerce and 

23 Justice, the National Science Foundation, and the Na24 tional Aeronautics and Space Administration shall provide 

25 to the Committees on Appropriations of the House of RepVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00697 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
698 

HR 21 PCS 

1 resentatives and the Senate a quarterly report on the sta2 tus of balances of appropriations at the account level. For 

3 unobligated, uncommitted balances and unobligated, com4 mitted balances the quarterly reports shall separately 

5 identify the amounts attributable to each source year of 

6 appropriation from which the balances were derived. For 

7 balances that are obligated, but unexpended, the quarterly 

8 reports shall separately identify amounts by the year of 

9 obligation. 

10 (b) The report described in subsection (a) shall be 

11 submitted within 30 days of the end of each quarter. 

12 (c) If a department or agency is unable to fulfill any 

13 aspect of a reporting requirement described in subsection 

14 (a) due to a limitation of a current accounting system, 

15 the department or agency shall fulfill such aspect to the 

16 maximum extent practicable under such accounting sys17 tem and shall identify and describe in each quarterly re18 port the extent to which such aspect is not fulfilled. 

19 SEC. 508. Any costs incurred by a department or 

20 agency funded under this Act resulting from, or to pre21 vent, personnel actions taken in response to funding re22 ductions included in this Act shall be absorbed within the 

23 total budgetary resources available to such department or 

24 agency: Provided, That the authority to transfer funds be25 tween appropriations accounts as may be necessary to 


pbinns on DSK79D2C42PROD with BILLS
699 

HR 21 PCS 

1 carry out this section is provided in addition to authorities 

2 included elsewhere in this Act: Provided further, That use 

3 of funds to carry out this section shall be treated as a 

4 reprogramming of funds under section 505 of this Act and 

5 shall not be available for obligation or expenditure except 

6 in compliance with the procedures set forth in that section: 

7 Provided further, That for the Department of Commerce, 

8 this section shall also apply to actions taken for the care 

9 and protection of loan collateral or grant property. 

10 SEC. 509. None of the funds provided by this Act 

11 shall be available to promote the sale or export of tobacco 

12 or tobacco products, or to seek the reduction or removal 

13 by any foreign country of restrictions on the marketing 

14 of tobacco or tobacco products, except for restrictions 

15 which are not applied equally to all tobacco or tobacco 

16 products of the same type. 

17 SEC. 510. Notwithstanding any other provision of 

18 law, amounts deposited or available in the Fund estab19 lished by section 1402 of chapter XIV of title II of Public 

20 Law 98–473 (34 U.S.C. 20101) in any fiscal year in ex21 cess of $3,353,000,000 shall not be available for obligation 

22 until the following fiscal year: Provided, That notwith23 standing section 1402(d) of such Act, of the amounts 

24 available from the Fund for obligation: (1) $10,000,000 

25 shall remain available until expended to the Department 


pbinns on DSK79D2C42PROD with BILLS
700 

HR 21 PCS 

1 of Justice Office of Inspector General for oversight and 

2 auditing purposes; and (2) 5 percent shall be available to 

3 the Office for Victims of Crime for grants, consistent with 

4 the requirements of the Victims of Crime Act, to Indian 

5 tribes to improve services for victims of crime. 

6 SEC. 511. None of the funds made available to the 

7 Department of Justice in this Act may be used to discrimi8 nate against or denigrate the religious or moral beliefs of 

9 students who participate in programs for which financial 

10 assistance is provided from those funds, or of the parents 

11 or legal guardians of such students. 

12 SEC. 512. None of the funds made available in this 

13 Act may be transferred to any department, agency, or in14 strumentality of the United States Government, except 

15 pursuant to a transfer made by, or transfer authority pro16 vided in, this Act or any other appropriations Act. 

17 SEC. 513. (a) The Inspectors General of the Depart18 ment of Commerce, the Department of Justice, the Na19 tional Aeronautics and Space Administration, the Na20 tional Science Foundation, and the Legal Services Cor21 poration shall conduct audits, pursuant to the Inspector 

22 General Act (5 U.S.C. App.), of grants or contracts for 

23 which funds are appropriated by this Act, and shall submit 

24 reports to Congress on the progress of such audits, which 

25 may include preliminary findings and a description of 


pbinns on DSK79D2C42PROD with BILLS
701 

HR 21 PCS 

1 areas of particular interest, within 180 days after initi2 ating such an audit and every 180 days thereafter until 

3 any such audit is completed. 

4 (b) Within 60 days after the date on which an audit 

5 described in subsection (a) by an Inspector General is 

6 completed, the Secretary, Attorney General, Adminis7 trator, Director, or President, as appropriate, shall make 

8 the results of the audit available to the public on the Inter9 net website maintained by the Department, Administra10 tion, Foundation, or Corporation, respectively. The results 

11 shall be made available in redacted form to exclude— 

12 (1) any matter described in section 552(b) of 

13 title 5, United States Code; and 

14 (2) sensitive personal information for any indi15 vidual, the public access to which could be used to 

16 commit identity theft or for other inappropriate or 

17 unlawful purposes. 

18 (c) Any person awarded a grant or contract funded 

19 by amounts appropriated by this Act shall submit a state20 ment to the Secretary of Commerce, the Attorney General, 

21 the Administrator, Director, or President, as appropriate, 

22 certifying that no funds derived from the grant or contract 

23 will be made available through a subcontract or in any 

24 other manner to another person who has a financial inter25 est in the person awarded the grant or contract. 


pbinns on DSK79D2C42PROD with BILLS
702 

HR 21 PCS 

1 (d) The provisions of the preceding subsections of 

2 this section shall take effect 30 days after the date on 

3 which the Director of the Office of Management and 

4 Budget, in consultation with the Director of the Office of 

5 Government Ethics, determines that a uniform set of rules 

6 and requirements, substantially similar to the require7 ments in such subsections, consistently apply under the 

8 executive branch ethics program to all Federal depart9 ments, agencies, and entities. 

10 SEC. 514. (a) None of the funds appropriated or oth11 erwise made available under this Act may be used by the 

12 departments and agencies funded in this Act to acquire 

13 telecommunications equipment produced by Huawei Tech14 nologies Company, ZTE Corporation, or a high-impact or 

15 moderate-impact information system, as defined for secu16 rity categorization in the National Institute of Standards 

17 and Technology’s (NIST) Federal Information Processing 

18 Standard Publication 199, ‘‘Standards for Security Cat19 egorization of Federal Information and Information Sys20 tems’’ unless the agency has— 

21 (1) reviewed the supply chain risk for the infor22 mation systems against criteria developed by NIST 

23 to inform acquisition decisions for high-impact and 

24 moderate-impact information systems within the 

25 Federal Government; 


pbinns on DSK79D2C42PROD with BILLS
703 

HR 21 PCS 

1 (2) reviewed the supply chain risk from the pre2 sumptive awardee against available and relevant 

3 threat information provided by the Federal Bureau 

4 of Investigation (FBI) and other appropriate agen5 cies; and 

6 (3) in consultation with the FBI or other ap7 propriate Federal entity, conducted an assessment of 

8 any risk of cyber-espionage or sabotage associated 

9 with the acquisition of such system, including any 

10 risk associated with such system being produced, 

11 manufactured, or assembled by one or more entities 

12 identified by the United States Government as pos13 ing a cyber threat, including but not limited to, 

14 those that may be owned, directed, or subsidized by 

15 the People’s Republic of China, the Islamic Republic 

16 of Iran, the Democratic People’s Republic of Korea, 

17 or the Russian Federation. 

18 (b) None of the funds appropriated or otherwise 

19 made available under this Act may be used to acquire a 

20 high-impact or moderate-impact information system re21 viewed and assessed under subsection (a) unless the head 

22 of the assessing entity described in subsection (a) has— 

23 (1) developed, in consultation with NIST and 

24 supply chain risk management experts, a mitigation 

25 strategy for any identified risks; 


pbinns on DSK79D2C42PROD with BILLS
704 

HR 21 PCS 

1 (2) determined, in consultation with NIST and 

2 the FBI, that the acquisition of such system is in 

3 the vital national security interest of the United 

4 States; and 

5 (3) reported that determination to the Commit6 tees on Appropriations of the House of Representa7 tives and the Senate in a manner that identifies the 

8 system intended for acquisition and a detailed de9 scription of the mitigation strategies identified in 

10 (1), provided that such report may include a classi11 fied annex as necessary. 

12 SEC. 515. None of the funds made available in this 

13 Act shall be used in any way whatsoever to support or 

14 justify the use of torture by any official or contract em15 ployee of the United States Government. 

16 SEC. 516. (a) Notwithstanding any other provision 

17 of law or treaty, none of the funds appropriated or other18 wise made available under this Act or any other Act may 

19 be expended or obligated by a department, agency, or in20 strumentality of the United States to pay administrative 

21 expenses or to compensate an officer or employee of the 

22 United States in connection with requiring an export li23 cense for the export to Canada of components, parts, ac24 cessories or attachments for firearms listed in Category 

25 I, section 121.1 of title 22, Code of Federal Regulations 


pbinns on DSK79D2C42PROD with BILLS
705 

HR 21 PCS 

1 (International Trafficking in Arms Regulations (ITAR), 

2 part 121, as it existed on April 1, 2005) with a total value 

3 not exceeding $500 wholesale in any transaction, provided 

4 that the conditions of subsection (b) of this section are 

5 met by the exporting party for such articles. 

6 (b) The foregoing exemption from obtaining an ex7 port license— 

8 (1) does not exempt an exporter from filing any 

9 Shipper’s Export Declaration or notification letter 

10 required by law, or from being otherwise eligible 

11 under the laws of the United States to possess, ship, 

12 transport, or export the articles enumerated in sub13 section (a); and 

14 (2) does not permit the export without a license 

15 of— 

16 (A) fully automatic firearms and compo17 nents and parts for such firearms, other than 

18 for end use by the Federal Government, or a 

19 Provincial or Municipal Government of Canada; 

20 (B) barrels, cylinders, receivers (frames) or 

21 complete breech mechanisms for any firearm 

22 listed in Category I, other than for end use by 

23 the Federal Government, or a Provincial or Mu24 nicipal Government of Canada; or 


pbinns on DSK79D2C42PROD with BILLS
706 

HR 21 PCS 

1 (C) articles for export from Canada to an2 other foreign destination. 

3 (c) In accordance with this section, the District Di4 rectors of Customs and postmasters shall permit the per5 manent or temporary export without a license of any un6 classified articles specified in subsection (a) to Canada for 

7 end use in Canada or return to the United States, or tem8 porary import of Canadian-origin items from Canada for 

9 end use in the United States or return to Canada for a 

10 Canadian citizen. 

11 (d) The President may require export licenses under 

12 this section on a temporary basis if the President deter13 mines, upon publication first in the Federal Register, that 

14 the Government of Canada has implemented or main15 tained inadequate import controls for the articles specified 

16 in subsection (a), such that a significant diversion of such 

17 articles has and continues to take place for use in inter18 national terrorism or in the escalation of a conflict in an19 other nation. The President shall terminate the require20 ments of a license when reasons for the temporary require21 ments have ceased. 

22 SEC. 517. Notwithstanding any other provision of 

23 law, no department, agency, or instrumentality of the 

24 United States receiving appropriated funds under this Act 

25 or any other Act shall obligate or expend in any way such 


pbinns on DSK79D2C42PROD with BILLS
707 

HR 21 PCS 

1 funds to pay administrative expenses or the compensation 

2 of any officer or employee of the United States to deny 

3 any application submitted pursuant to 22 U.S.C. 

4 2778(b)(1)(B) and qualified pursuant to 27 CFR section 

5 478.112 or .113, for a permit to import United States ori6 gin ‘‘curios or relics’’ firearms, parts, or ammunition. 

7 SEC. 518. None of the funds made available in this 

8 Act may be used to include in any new bilateral or multi9 lateral trade agreement the text of— 

10 (1) paragraph 2 of article 16.7 of the United 

11 States–Singapore Free Trade Agreement; 

12 (2) paragraph 4 of article 17.9 of the United 

13 States–Australia Free Trade Agreement; or 

14 (3) paragraph 4 of article 15.9 of the United 

15 States–Morocco Free Trade Agreement. 

16 SEC. 519. None of the funds made available in this 

17 Act may be used to authorize or issue a national security 

18 letter in contravention of any of the following laws author19 izing the Federal Bureau of Investigation to issue national 

20 security letters: The Right to Financial Privacy Act of 

21 1978; The Electronic Communications Privacy Act of 

22 1986; The Fair Credit Reporting Act; The National Secu23 rity Act of 1947; USA PATRIOT Act; USA FREEDOM 

24 Act of 2015; and the laws amended by these Acts. 


pbinns on DSK79D2C42PROD with BILLS
708 

HR 21 PCS 

1 SEC. 520. If at any time during any quarter, the pro2 gram manager of a project within the jurisdiction of the 

3 Departments of Commerce or Justice, the National Aero4 nautics and Space Administration, or the National Science 

5 Foundation totaling more than $75,000,000 has reason6 able cause to believe that the total program cost has in7 creased by 10 percent or more, the program manager shall 

8 immediately inform the respective Secretary, Adminis9 trator, or Director. The Secretary, Administrator, or Di10 rector shall notify the House and Senate Committees on 

11 Appropriations within 30 days in writing of such increase, 

12 and shall include in such notice: the date on which such 

13 determination was made; a statement of the reasons for 

14 such increases; the action taken and proposed to be taken 

15 to control future cost growth of the project; changes made 

16 in the performance or schedule milestones and the degree 

17 to which such changes have contributed to the increase 

18 in total program costs or procurement costs; new esti19 mates of the total project or procurement costs; and a 

20 statement validating that the project’s management struc21 ture is adequate to control total project or procurement 

22 costs. 

23 SEC. 521. Funds appropriated by this Act, or made 

24 available by the transfer of funds in this Act, for intel25 ligence or intelligence related activities are deemed to be 


pbinns on DSK79D2C42PROD with BILLS
709 

HR 21 PCS 

1 specifically authorized by the Congress for purposes of sec2 tion 504 of the National Security Act of 1947 (50 U.S.C. 

3 3094) during fiscal year 2019 until the enactment of the 

4 Intelligence Authorization Act for fiscal year 2019. 

5 SEC. 522. None of the funds appropriated or other6 wise made available by this Act may be used to enter into 

7 a contract in an amount greater than $5,000,000 or to 

8 award a grant in excess of such amount unless the pro9 spective contractor or grantee certifies in writing to the 

10 agency awarding the contract or grant that, to the best 

11 of its knowledge and belief, the contractor or grantee has 

12 filed all Federal tax returns required during the three 

13 years preceding the certification, has not been convicted 

14 of a criminal offense under the Internal Revenue Code of 

15 1986, and has not, more than 90 days prior to certifi16 cation, been notified of any unpaid Federal tax assessment 

17 for which the liability remains unsatisfied, unless the as18 sessment is the subject of an installment agreement or 

19 offer in compromise that has been approved by the Inter20 nal Revenue Service and is not in default, or the assess21 ment is the subject of a non-frivolous administrative or 

22 judicial proceeding. 

23 (RESCISSIONS)

24 SEC. 523. (a) Of the unobligated balances from prior 

25 year appropriations available to the Department of ComVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00709 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
710 

HR 21 PCS 

1 merce, Economic Development Administration, Economic 

2 Development Assistance Programs, $10,000,000 is re3 scinded not later than September 30, 2019. 

4 (b) Of the unobligated balances available to the De5 partment of Justice, the following funds are hereby re6 scinded, not later than September 30, 2019, from the fol7 lowing accounts in the specified amounts— 

8 (1) ‘‘Working Capital Fund’’, $175,000,000; 

9 (2) ‘‘Federal Bureau of Investigation, Salaries 

10 and Expenses’’, $128,291,000 including from, but 

11 not limited to, fees collected to defray expenses for 

12 the automation of fingerprint identification and 

13 criminal justice information services and associated 

14 costs; 

15 (3) ‘‘State and Local Law Enforcement Activi16 ties, Office on Violence Against Women, Violence 

17 Against Women Prevention and Prosecution Pro18 grams’’, $10,000,000; 

19 (4) ‘‘State and Local Law Enforcement Activi20 ties, Office of Justice Programs’’, $40,000,000; 

21 (5) ‘‘State and Local Law Enforcement Activi22 ties, Community Oriented Policing Services’’, 

23 $10,000,000; and 

24 (6) ‘‘Legal Activities, Assets Forfeiture Fund’’, 

25 $674,000,000, is permanently rescinded. 


pbinns on DSK79D2C42PROD with BILLS
711 

HR 21 PCS 

1 (c) The Departments of Commerce and Justice shall 

2 submit to the Committees on Appropriations of the House 

3 of Representatives and the Senate a report no later than 

4 September 1, 2019, specifying the amount of each rescis5 sion made pursuant to subsections (a) and (b). 

6 (d) The amounts rescinded in subsections (a) and (b) 

7 shall not be from amounts that were designated by the 

8 Congress as an emergency or disaster relief requirement 

9 pursuant to the concurrent resolution on the budget or 

10 the Balanced Budget and Emergency Deficit Control Act 

11 of 1985. 

12 SEC. 524. (a) Any unobligated balances identified in 

13 the following Treasury Appropriation Fund Symbols are 

14 hereby permanently cancelled: 80X0114; 80X0111; 

15 80X0110; and 80X0112. 

16 (b) Upon enactment of this Act: 

17 (1) obligated balances in 80X0114 shall be 

18 transferred to and merged with 80–0130, Construc19 tion and Environmental Compliance and Restora20 tion, and any upward adjustments to such obliga21 tions may be made from 80–0130; 

22 (2) obligated balances in 80X0111 shall be 

23 transferred to and merged with 80–0122, Safety, 

24 Security and Mission Services, 80–0115, Space 

25 Flight Capabilities and 80–0130, Construction and 


pbinns on DSK79D2C42PROD with BILLS
712 

HR 21 PCS 

1 Environmental Compliance and Restoration, and any 

2 upward adjustments to such obligations may be 

3 made from 80–0122, 80–0115 and 80–0130; 

4 (3) obligated balances in 80X0110 shall be 

5 transferred to and merged with 80–0130, Construc6 tion and Environmental Compliance and Restora7 tion, and any upward adjustments to said obliga8 tions may be made from 80–0130; and 

9 (4) obligated balances in 80X0112 shall be 

10 transferred to and merged with 80–0122, Safety, 

11 Security and Mission Services and 80–0130, Con12 struction and Environmental Compliance and Res13 toration, and any upward adjustments to such obli14 gations may be made from 80–0122 and 80–0130. 

15 (c) Following the cancellation of unobligated balances 

16 and transfer of obligated balances in 80X0114, 80X0111, 

17 80X0110 and 80X0112, such accounts shall be closed. 

18 Any collections authorized or required to be credited to 

19 these accounts that are not received before closing of such 

20 accounts shall be deposited in the Treasury as miscella21 neous receipts. 

22 SEC. 525. None of the funds made available in this 

23 Act may be used to purchase first class or premium airline 

24 travel in contravention of sections 301–10.122 through 

25 301–10.124 of title 41 of the Code of Federal Regulations. 


pbinns on DSK79D2C42PROD with BILLS
713 

HR 21 PCS 

1 SEC. 526. None of the funds made available in this 

2 Act may be used to send or otherwise pay for the attend3 ance of more than 50 employees from a Federal depart4 ment or agency, who are stationed in the United States, 

5 at any single conference occurring outside the United 

6 States unless such conference is a law enforcement train7 ing or operational conference for law enforcement per8 sonnel and the majority of Federal employees in attend9 ance are law enforcement personnel stationed outside the 

10 United States. 

11 SEC. 527. None of the funds appropriated or other12 wise made available in this Act may be used to transfer, 

13 release, or assist in the transfer or release to or within 

14 the United States, its territories, or possessions Khalid 

15 Sheikh Mohammed or any other detainee who— 

16 (1) is not a United States citizen or a member 

17 of the Armed Forces of the United States; and 

18 (2) is or was held on or after June 24, 2009, 

19 at the United States Naval Station, Guantanamo 

20 Bay, Cuba, by the Department of Defense. 

21 SEC. 528. (a) None of the funds appropriated or oth22 erwise made available in this Act may be used to con23 struct, acquire, or modify any facility in the United States, 

24 its territories, or possessions to house any individual de25 scribed in subsection (c) for the purposes of detention or 


pbinns on DSK79D2C42PROD with BILLS
714 

HR 21 PCS 

1 imprisonment in the custody or under the effective control 

2 of the Department of Defense. 

3 (b) The prohibition in subsection (a) shall not apply 

4 to any modification of facilities at United States Naval 

5 Station, Guantanamo Bay, Cuba. 

6 (c) An individual described in this subsection is any 

7 individual who, as of June 24, 2009, is located at United 

8 States Naval Station, Guantanamo Bay, Cuba, and who— 

9 (1) is not a citizen of the United States or a 

10 member of the Armed Forces of the United States; 

11 and 

12 (2) is— 

13 (A) in the custody or under the effective 

14 control of the Department of Defense; or 

15 (B) otherwise under detention at United 

16 States Naval Station, Guantanamo Bay, Cuba. 

17 SEC. 529. The Director of the Office of Management 

18 and Budget shall instruct any department, agency, or in19 strumentality of the United States receiving funds appro20 priated under this Act to track undisbursed balances in 

21 expired grant accounts and include in its annual perform22 ance plan and performance and accountability reports the 

23 following: 


pbinns on DSK79D2C42PROD with BILLS
715 

HR 21 PCS 

1 (1) Details on future action the department, 

2 agency, or instrumentality will take to resolve 

3 undisbursed balances in expired grant accounts. 

4 (2) The method that the department, agency, or 

5 instrumentality uses to track undisbursed balances 

6 in expired grant accounts. 

7 (3) Identification of undisbursed balances in ex8 pired grant accounts that may be returned to the 

9 Treasury of the United States. 

10 (4) In the preceding 3 fiscal years, details on 

11 the total number of expired grant accounts with 

12 undisbursed balances (on the first day of each fiscal 

13 year) for the department, agency, or instrumentality 

14 and the total finances that have not been obligated 

15 to a specific project remaining in the accounts. 

16 SEC. 530. (a) None of the funds made available by 

17 this Act may be used for the National Aeronautics and 

18 Space Administration (NASA) or the Office of Science 

19 and Technology Policy (OSTP) to develop, design, plan, 

20 promulgate, implement, or execute a bilateral policy, pro21 gram, order, or contract of any kind to participate, col22 laborate, or coordinate bilaterally in any way with China 

23 or any Chinese-owned company unless such activities are 

24 specifically authorized by a law enacted after the date of 

25 enactment of this Act. 


pbinns on DSK79D2C42PROD with BILLS
716 

HR 21 PCS 

1 (b) None of the funds made available by this Act may 

2 be used to effectuate the hosting of official Chinese visitors 

3 at facilities belonging to or utilized by NASA. 

4 (c) The limitations described in subsections (a) and 

5 (b) shall not apply to activities which NASA or OSTP, 

6 after consultation with the Federal Bureau of Investiga7 tion, have certified— 

8 (1) pose no risk of resulting in the transfer of 

9 technology, data, or other information with national 

10 security or economic security implications to China 

11 or a Chinese-owned company; and 

12 (2) will not involve knowing interactions with 

13 officials who have been determined by the United 

14 States to have direct involvement with violations of 

15 human rights. 

16 (d) Any certification made under subsection (c) shall 

17 be submitted to the Committees on Appropriations of the 

18 House of Representatives and the Senate, and the Federal 

19 Bureau of Investigation, no later than 30 days prior to 

20 the activity in question and shall include a description of 

21 the purpose of the activity, its agenda, its major partici22 pants, and its location and timing. 

23 SEC. 531. None of the funds made available by this 

24 Act may be used to pay the salaries or expenses of perVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00716 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
717 

HR 21 PCS 

1 sonnel to deny, or fail to act on, an application for the 

2 importation of any model of shotgun if— 

3 (1) all other requirements of law with respect to 

4 the proposed importation are met; and 

5 (2) no application for the importation of such 

6 model of shotgun, in the same configuration, had 

7 been denied by the Attorney General prior to Janu8 ary 1, 2011, on the basis that the shotgun was not 

9 particularly suitable for or readily adaptable to 

10 sporting purposes. 

11 SEC. 532. (a) None of the funds made available in 

12 this Act may be used to maintain or establish a computer 

13 network unless such network blocks the viewing, 

14 downloading, and exchanging of pornography. 

15 (b) Nothing in subsection (a) shall limit the use of 

16 funds necessary for any Federal, State, tribal, or local law 

17 enforcement agency or any other entity carrying out crimi18 nal investigations, prosecution, adjudication, or other law 

19 enforcement- or victim assistance-related activity. 

20 SEC. 533. The Departments of Commerce and Jus21 tice, the National Aeronautics and Space Administration, 

22 the National Science Foundation, the Commission on Civil 

23 Rights, the Equal Employment Opportunity Commission, 

24 the International Trade Commission, the Legal Services 

25 Corporation, the Marine Mammal Commission, the Offices 


pbinns on DSK79D2C42PROD with BILLS
718 

HR 21 PCS 

1 of Science and Technology Policy and the United States 

2 Trade Representative, the National Space Council, and 

3 the State Justice Institute shall submit spending plans, 

4 signed by the respective department or agency head, to 

5 the Committees on Appropriations of the House of Rep6 resentatives and the Senate within 45 days after the date 

7 of enactment of this Act. 

8 SEC. 534. None of the funds made available by this 

9 Act may be obligated or expended to implement the Arms 

10 Trade Treaty until the Senate approves a resolution of 

11 ratification for the Treaty. 

12 SEC. 535. None of the funds appropriated or other13 wise made available by this Act may be used to pay award 

14 or incentive fees for contractors whose performance has 

15 been judged to be below satisfactory, behind schedule, over 

16 budget, or has failed to meet the basic requirements of 

17 a contract, unless the Agency determines that any such 

18 deviations are due to unforeseeable events, government19 driven scope changes, or are not significant within the 

20 overall scope of the project and/or program unless such 

21 awards or incentive fees are consistent with 16.401(e)(2) 

22 of the FAR. 

23 SEC. 536. None of the funds made available by this 

24 Act may be used in contravention of section 7606 (‘‘Legit25 imacy of Industrial Hemp Research’’) of the Agricultural 


pbinns on DSK79D2C42PROD with BILLS
719 

HR 21 PCS 

1 Act of 2014 (Public Law 113–79) by the Department of 

2 Justice or the Drug Enforcement Administration. 

3 SEC. 537. None of the funds made available under 

4 this Act to the Department of Justice may be used, with 

5 respect to any of the States of Alabama, Alaska, Arizona, 

6 Arkansas, California, Colorado, Connecticut, Delaware, 

7 Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Ken8 tucky, Louisiana, Maine, Maryland, Massachusetts, Michi9 gan, Minnesota, Mississippi, Missouri, Montana, Nevada, 

10 New Hampshire, New Jersey, New Mexico, New York, 

11 North Carolina, North Dakota, Ohio, Oklahoma, Oregon, 

12 Pennsylvania, Rhode Island, South Carolina, Tennessee, 

13 Texas, Utah, Vermont, Virginia, Washington, West Vir14 ginia, Wisconsin, and Wyoming, or with respect to the 

15 District of Columbia, Guam, or Puerto Rico, to prevent 

16 any of them from implementing their own laws that au17 thorize the use, distribution, possession, or cultivation of 

18 medical marijuana. 

19 This division may be cited as the ‘‘Commerce, Jus20 tice, Science, and Related Agencies Appropriations Act, 

21 2019’’. 


pbinns on DSK79D2C42PROD with BILLS
720 

HR 21 PCS 

1 DIVISION F—DEPARTMENT OF 

2 STATE, FOREIGN OPER3 ATIONS, AND RELATED PRO4 GRAMS APPROPRIATIONS 

5 ACT, 2019 

6 That the following sums are appropriated, out of any 

7 money in the Treasury not otherwise appropriated, for the 

8 Department of State, foreign operations, and related pro9 grams for the fiscal year ending September 30, 2019, and 

10 for other purposes, namely: 

11 TITLE I 

12 DEPARTMENT OF STATE AND RELATED 

13 AGENCY 

14 DEPARTMENT OF STATE 

15 ADMINISTRATION OF FOREIGN AFFAIRS

16 DIPLOMATIC PROGRAMS

17 For necessary expenses of the Department of State 

18 and the Foreign Service not otherwise provided for, 

19 $5,944,440,000, to remain available until September 30, 

20 2020, of which up to $1,441,777,000 may remain avail21 able until expended for Worldwide Security Protection: 

22 Provided, That funds made available under this heading 

23 shall be allocated in accordance with paragraphs (1) 

24 through (4) as follows: 


pbinns on DSK79D2C42PROD with BILLS
721 

HR 21 PCS 

1 (1) HUMAN RESOURCES.—For necessary ex2 penses for training, human resources management, 

3 and salaries, including employment without regard 

4 to civil service and classification laws of persons on 

5 a temporary basis (not to exceed $700,000), as au6 thorized by section 801 of the United States Infor7 mation and Educational Exchange Act of 1948, 

8 $2,916,794,000, of which up to $513,000,000 is for 

9 Worldwide Security Protection. 

10 (2) OVERSEAS PROGRAMS.—For necessary ex11 penses for the regional bureaus of the Department 

12 of State and overseas activities as authorized by law, 

13 $1,302,715,000. 

14 (3) DIPLOMATIC POLICY AND SUPPORT.—For 

15 necessary expenses for the functional bureaus of the 

16 Department of State, including representation to 

17 certain international organizations in which the 

18 United States participates pursuant to treaties rati19 fied pursuant to the advice and consent of the Sen20 ate or specific Acts of Congress, general administra21 tion, and arms control, nonproliferation and disar22 mament activities as authorized, $773,847,000. 

23 (4) SECURITY PROGRAMS.—For necessary ex24 penses for security activities, $951,084,000, of which 


pbinns on DSK79D2C42PROD with BILLS
722 

HR 21 PCS 

1 up to $928,777,000 is for Worldwide Security Pro2 tection. 

3 (5) FEES AND PAYMENTS COLLECTED.—In ad4 dition to amounts otherwise made available under 

5 this heading— 

6 (A) as authorized by section 810 of the 

7 United States Information and Educational Ex8 change Act, not to exceed $5,000,000, to re9 main available until expended, may be credited 

10 to this appropriation from fees or other pay11 ments received from English teaching, library, 

12 motion pictures, and publication programs and 

13 from fees from educational advising and coun14 seling and exchange visitor programs; and 

15 (B) not to exceed $15,000, which shall be 

16 derived from reimbursements, surcharges, and 

17 fees for use of Blair House facilities. 

18 (6) TRANSFER OF FUNDS, REPROGRAMMING, 

19 AND OTHER MATTERS.— 

20 (A) Notwithstanding any other provision of 

21 this Act, funds may be reprogrammed within 

22 and between paragraphs (1) through (4) under 

23 this heading subject to section 7015 of this Act. 

24 (B) Of the amount made available under 

25 this heading, not to exceed $10,000,000 may be 


pbinns on DSK79D2C42PROD with BILLS
723 

HR 21 PCS 

1 transferred to, and merged with, funds made 

2 available by this Act under the heading ‘‘Emer3 gencies in the Diplomatic and Consular Serv4 ice’’, to be available only for emergency evacu5 ations and rewards, as authorized. 

6 (C) Funds appropriated under this heading 

7 are available for acquisition by exchange or pur8 chase of passenger motor vehicles as authorized 

9 by law and, pursuant to section 1108(g) of title 

10 31, United States Code, for the field examina11 tion of programs and activities in the United 

12 States funded from any account contained in 

13 this title. 

14 (D) Funds appropriated under this head15 ing that are designated for Worldwide Security 

16 Protection shall continue to be made available 

17 for support of security-related training at sites 

18 in existence prior to the enactment of this Act. 

19 (E) Of the funds made available under this 

20 heading, $1,100,000 shall be transferred to, 

21 and merged with, funds made available under 

22 the heading ‘‘Payment to the American Insti23 tute in Taiwan’’. 

24 (7) CLARIFICATION.—For purposes of this Act 

25 and other Acts making appropriations for the DeVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00723 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
724 

HR 21 PCS 

1 partment of State, foreign operations, and related 

2 programs, the ‘‘Diplomatic Programs’’ account shall 

3 have the same meaning as the ‘‘Diplomatic and Con4 sular Programs’’ account. 

5 CAPITAL INVESTMENT FUND

6 For necessary expenses of the Capital Investment 

7 Fund, as authorized, $92,770,000, to remain available 

8 until expended. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector 

11 General, $77,629,000, notwithstanding section 209(a)(1) 

12 of the Foreign Service Act of 1980 (22 U.S.C. 

13 3929(a)(1)), as it relates to post inspections: Provided, 

14 That of the funds appropriated under this heading, 

15 $11,644,000 may remain available until September 30, 

16 2020. 

17 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

18 For expenses of educational and cultural exchange 

19 programs, as authorized, $690,585,000, to remain avail20 able until expended, of which not less than $242,400,000 

21 shall be for the Fulbright Program and not less than 

22 $112,360,000 shall be for Citizen Exchange Program, in23 cluding $4,125,000 for the Congress-Bundestag Youth 

24 Exchange: Provided, That fees or other payments received 

25 from, or in connection with, English teaching, educational 


pbinns on DSK79D2C42PROD with BILLS
725 

HR 21 PCS 

1 advising and counseling programs, and exchange visitor 

2 programs as authorized may be credited to this account, 

3 to remain available until expended: Provided further, That 

4 a portion of the Fulbright awards from the Eurasia and 

5 Central Asia regions shall be designated as Edmund S. 

6 Muskie Fellowships, following consultation with the Com7 mittees on Appropriations: Provided further, That any 

8 substantive modifications from the prior fiscal year to pro9 grams funded by this Act under this heading shall be sub10 ject to prior consultation with, and the regular notification 

11 procedures of, the Committees on Appropriations. 

12 REPRESENTATION EXPENSES

13 For representation expenses as authorized, 

14 $8,030,000. 

15 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

16 For expenses, not otherwise provided, to enable the 

17 Secretary of State to provide for extraordinary protective 

18 services, as authorized, $30,890,000, to remain available 

19 until September 30, 2020. 

20 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

21 For necessary expenses for carrying out the Foreign 

22 Service Buildings Act of 1926 (22 U.S.C. 292 et seq.), 

23 preserving, maintaining, repairing, and planning for build24 ings that are owned or directly leased by the Department 

25 of State, renovating, in addition to funds otherwise availVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00725 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
726 

HR 21 PCS 

1 able, the Harry S Truman Building, and carrying out the 

2 Diplomatic Security Construction Program as authorized, 

3 $790,100,000, to remain available until expended, of 

4 which not to exceed $25,000 may be used for domestic 

5 and overseas representation expenses as authorized: Pro6 vided, That none of the funds appropriated by this Act 

7 shall be available for acquisition of furniture, furnishings, 

8 or generators for other departments and agencies of the 

9 United States Government. 

10 In addition, for the costs of worldwide security up11 grades, acquisition, and construction as authorized, 

12 $1,126,304,000, to remain available until expended: Pro13 vided, That of the funds appropriated under this para14 graph in this Act and prior Acts making appropriations 

15 for the Department of State, foreign operations, and re16 lated programs, not less than $1,025,304,000 shall be 

17 made available for a fiscal year 2019 contribution to the 

18 Capital Security Cost Sharing and Maintenance Cost 

19 Sharing programs: Provided further, That not later than 

20 45 days after enactment of this Act, the Secretary of State 

21 shall submit to the Committees on Appropriations the pro22 posed allocation of funds made available under this head23 ing and the actual and anticipated proceeds of sales for 

24 all projects in fiscal year 2019. 


pbinns on DSK79D2C42PROD with BILLS
727 

HR 21 PCS 

1 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

2 SERVICE

3 For necessary expenses to enable the Secretary of 

4 State to meet unforeseen emergencies arising in the Diplo5 matic and Consular Service, as authorized, $7,885,000, to 

6 remain available until expended, of which not to exceed 

7 $1,000,000 may be transferred to, and merged with, funds 

8 appropriated by this Act under the heading ‘‘Repatriation 

9 Loans Program Account’’, subject to the same terms and 

10 conditions. 

11 REPATRIATION LOANS PROGRAM ACCOUNT

12 For the cost of direct loans, $1,300,000, as author13 ized: Provided, That such costs, including the cost of 

14 modifying such loans, shall be as defined in section 502 

15 of the Congressional Budget Act of 1974: Provided fur16 ther, That such funds are available to subsidize gross obli17 gations for the principal amount of direct loans not to ex18 ceed $5,686,032. 

19 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

20 For necessary expenses to carry out the Taiwan Rela21 tions Act (Public Law 96–8), $31,963,000. 

22 INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF

23 COLUMBIA

24 Not to exceed $1,806,600 shall be derived from fees 

25 collected from other executive agencies for lease or use of 


pbinns on DSK79D2C42PROD with BILLS
728 

HR 21 PCS 

1 facilities at the International Center in accordance with 

2 section 4 of the International Center Act (Public Law 90– 

3 553), and, in addition, as authorized by section 5 of such 

4 Act, $743,000, to be derived from the reserve authorized 

5 by such section, to be used for the purposes set out in 

6 that section. 

7 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

8 DISABILITY FUND

9 For payment to the Foreign Service Retirement and 

10 Disability Fund, as authorized, $158,900,000. 

11 INTERNATIONAL ORGANIZATIONS

12 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

13 For necessary expenses, not otherwise provided for, 

14 to meet annual obligations of membership in international 

15 multilateral organizations, pursuant to treaties ratified 

16 pursuant to the advice and consent of the Senate, conven17 tions, or specific Acts of Congress, $1,344,135,000: Pro18 vided, That the Secretary of State shall, at the time of 

19 the submission of the President’s budget to Congress 

20 under section 1105(a) of title 31, United States Code, 

21 transmit to the Committees on Appropriations the most 

22 recent biennial budget prepared by the United Nations for 

23 the operations of the United Nations: Provided further, 

24 That the Secretary of State shall notify the Committees 

25 on Appropriations at least 15 days in advance (or in an 


pbinns on DSK79D2C42PROD with BILLS
729 

HR 21 PCS 

1 emergency, as far in advance as is practicable) of any 

2 United Nations action to increase funding for any United 

3 Nations program without identifying an offsetting de4 crease elsewhere in the United Nations budget: Provided 

5 further, That not later than June 1, 2019, and 30 days 

6 after the end of fiscal year 2019, the Secretary of State 

7 shall report to the Committees on Appropriations any 

8 credits attributable to the United States, including from 

9 the United Nations Tax Equalization Fund, and provide 

10 updated fiscal year 2019 and fiscal year 2020 assessment 

11 costs including offsets from available credits and updated 

12 foreign currency exchange rates: Provided further, That 

13 any such credits shall only be available for United States 

14 assessed contributions to the United Nations regular 

15 budget, and the Committees on Appropriations shall be 

16 notified when such credits are applied to any assessed con17 tribution, including any payment of arrearages: Provided 

18 further, That any notification regarding funds appro19 priated or otherwise made available under this heading in 

20 this Act or prior Acts making appropriations for the De21 partment of State, foreign operations, and related pro22 grams submitted pursuant to section 7015 of this Act, sec23 tion 34 of the State Department Basic Authorities Act 

24 of 1956 (22 U.S.C. 2706), or any operating plan sub25 mitted pursuant to section 7076 of this Act, shall include 


pbinns on DSK79D2C42PROD with BILLS
730 

HR 21 PCS 

1 an estimate of all known credits currently attributable to 

2 the United States and provide updated assessment costs 

3 including offsets from available credits and updated for4 eign currency exchange rates: Provided further, That any 

5 payment of arrearages under this heading shall be directed 

6 to activities that are mutually agreed upon by the United 

7 States and the respective international organization and 

8 shall be subject to the regular notification procedures of 

9 the Committees on Appropriations: Provided further, That 

10 none of the funds appropriated under this heading shall 

11 be available for a United States contribution to an inter12 national organization for the United States share of inter13 est costs made known to the United States Government 

14 by such organization for loans incurred on or after Octo15 ber 1, 1984, through external borrowings: Provided fur16 ther, That funds appropriated under this heading are 

17 made available to pay not less than the full fiscal year 

18 2019 United States assessment for each respective inter19 national organization. 

20 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

21 ACTIVITIES

22 For necessary expenses to pay assessed and other ex23 penses of international peacekeeping activities directed to 

24 the maintenance or restoration of international peace and 

25 security, $716,425,000, of which 15 percent shall remain 


pbinns on DSK79D2C42PROD with BILLS
731 

HR 21 PCS 

1 available until September 30, 2020: Provided, That none 

2 of the funds made available by this Act shall be obligated 

3 or expended for any new or expanded United Nations 

4 peacekeeping mission unless, at least 15 days in advance 

5 of voting for such mission in the United Nations Security 

6 Council (or in an emergency as far in advance as is prac7 ticable), the Committees on Appropriations are notified of: 

8 (1) the estimated cost and duration of the mission, the 

9 objectives of the mission, the national interest that will 

10 be served, and the exit strategy; and (2) the sources of 

11 funds, including any reprogrammings or transfers, that 

12 will be used to pay the cost of the new or expanded mis13 sion, and the estimated cost in future fiscal years: Pro14 vided further, That none of the funds appropriated under 

15 this heading may be made available for obligation unless 

16 the Secretary of State certifies and reports to the Commit17 tees on Appropriations on a peacekeeping mission-by-mis18 sion basis that the United Nations is implementing effec19 tive policies and procedures to prevent United Nations em20 ployees, contractor personnel, and peacekeeping troops 

21 serving in such mission from trafficking in persons, ex22 ploiting victims of trafficking, or committing acts of sexual 

23 exploitation and abuse or other violations of human rights, 

24 and to hold accountable individuals who engage in such 

25 acts while participating in such mission, including prosVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00731 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
732 

HR 21 PCS 

1 ecution in their home countries and making information 

2 about such prosecutions publicly available on the website 

3 of the United Nations: Provided further, That the Sec4 retary of State shall work with the United Nations and 

5 foreign governments contributing peacekeeping troops to 

6 implement effective vetting procedures to ensure that such 

7 troops have not violated human rights: Provided further, 

8 That funds shall be available for peacekeeping expenses 

9 unless the Secretary of State determines that United 

10 States manufacturers and suppliers are not being given 

11 opportunities to provide equipment, services, and material 

12 for United Nations peacekeeping activities equal to those 

13 being given to foreign manufacturers and suppliers: Pro14 vided further, That none of the funds appropriated or oth15 erwise made available under this heading may be used for 

16 any United Nations peacekeeping mission that will involve 

17 United States Armed Forces under the command or oper18 ational control of a foreign national, unless the President’s 

19 military advisors have submitted to the President a rec20 ommendation that such involvement is in the national in21 terest of the United States and the President has sub22 mitted to Congress such a recommendation: Provided fur23 ther, That not later than June 1, 2019, and 30 days after 

24 the end of fiscal year 2019, the Secretary of State shall 

25 report to the Committees on Appropriations any credits 


pbinns on DSK79D2C42PROD with BILLS
733 

HR 21 PCS 

1 attributable to the United States, including those resulting 

2 from United Nations peacekeeping missions or the United 

3 Nations Tax Equalization Fund, and provide updated fis4 cal year 2019 and fiscal year 2020 assessment costs in5 cluding offsets from available credits: Provided further, 

6 That any such credits shall only be available for United 

7 States assessed contributions to United Nations peace8 keeping missions, and the Committees on Appropriations 

9 shall be notified when such credits are applied to any as10 sessed contribution, including any payment of arrearages: 

11 Provided further, That any notification regarding funds 

12 appropriated or otherwise made available under this head13 ing in this Act or prior Acts making appropriations for 

14 the Department of State, foreign operations, and related 

15 programs submitted pursuant to section 7015 of this Act, 

16 section 34 of the State Department Basic Authorities Act 

17 of 1956 (22 U.S.C. 2706), or any operating plan sub18 mitted pursuant to section 7076 of this Act, shall include 

19 an estimate of all known credits currently attributable to 

20 the United States and provide updated assessment costs, 

21 including offsets from available credits: Provided further, 

22 That any payment of arrearages with funds appropriated 

23 by this Act shall be subject to the regular notification pro24 cedures of the Committees on Appropriations: Provided 

25 further, That the Secretary of State shall work with the 


pbinns on DSK79D2C42PROD with BILLS
734 

HR 21 PCS 

1 United Nations and members of the United Nations Secu2 rity Council to evaluate and prioritize peacekeeping mis3 sions, and to consider a draw down when mission goals 

4 have been substantially achieved. 

5 INTERNATIONAL COMMISSIONS

6 For necessary expenses, not otherwise provided for, 

7 to meet obligations of the United States arising under 

8 treaties, or specific Acts of Congress, as follows: 

9 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

10 UNITED STATES AND MEXICO

11 For necessary expenses for the United States Section 

12 of the International Boundary and Water Commission, 

13 United States and Mexico, and to comply with laws appli14 cable to the United States Section, including not to exceed 

15 $6,000 for representation expenses; as follows: 

16 SALARIES AND EXPENSES

17 For salaries and expenses, not otherwise provided for, 

18 $48,134,000. 

19 CONSTRUCTION

20 For detailed plan preparation and construction of au21 thorized projects, $29,400,000, to remain available until 

22 expended, as authorized. 

23 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

24 For necessary expenses, not otherwise provided, for 

25 the International Joint Commission and the International 


pbinns on DSK79D2C42PROD with BILLS
735 

HR 21 PCS 

1 Boundary Commission, United States and Canada, as au2 thorized by treaties between the United States and Can3 ada or Great Britain, and the Border Environment Co4 operation Commission as authorized by the North Amer5 ican Free Trade Agreement Implementation Act (Public 

6 Law 103–182), $13,258,000: Provided, That of the 

7 amount provided under this heading for the International 

8 Joint Commission, up to $500,000 may remain available 

9 until September 30, 2020, and $9,000 may be made avail10 able for representation expenses: Provided further, That 

11 of the amount provided under this heading for the Inter12 national Boundary Commission, $1,000 may be made 

13 available for representation expenses. 

14 INTERNATIONAL FISHERIES COMMISSIONS

15 For necessary expenses for international fisheries 

16 commissions, not otherwise provided for, as authorized by 

17 law, $50,651,000: Provided, That the United States share 

18 of such expenses may be advanced to the respective com19 missions pursuant to section 3324 of title 31, United 

20 States Code. 

21 RELATED AGENCY 

22 BROADCASTING BOARD OF GOVERNORS

23 INTERNATIONAL BROADCASTING OPERATIONS

24 For necessary expenses to enable the Broadcasting 

25 Board of Governors (BBG), as authorized, to carry out 


pbinns on DSK79D2C42PROD with BILLS
736 

HR 21 PCS 

1 international communication activities, and to make and 

2 supervise grants for radio, Internet, and television broad3 casting to the Middle East, $804,486,000: Provided, That 

4 in addition to amounts otherwise available for such pur5 poses, up to $34,508,000 of the amount appropriated 

6 under this heading may remain available until expended 

7 for satellite transmissions and Internet freedom programs, 

8 of which not less than $13,800,000 shall be for Internet 

9 freedom programs: Provided further, That of the total 

10 amount appropriated under this heading, not to exceed 

11 $35,000 may be used for representation expenses, of 

12 which $10,000 may be used for such expenses within the 

13 United States as authorized, and not to exceed $30,000 

14 may be used for representation expenses of Radio Free 

15 Europe/Radio Liberty: Provided further, That the BBG 

16 shall notify the Committees on Appropriations within 15 

17 days of any determination by the BBG that any of its 

18 broadcast entities, including its grantee organizations, 

19 provides an open platform for international terrorists or 

20 those who support international terrorism, or is in viola21 tion of the principles and standards set forth in sub22 sections (a) and (b) of section 303 of the United States 

23 International Broadcasting Act of 1994 (22 U.S.C. 6202) 

24 or the entity’s journalistic code of ethics: Provided further, 

25 That significant modifications to BBG broadcast hours 


pbinns on DSK79D2C42PROD with BILLS
737 

HR 21 PCS 

1 previously justified to Congress, including changes to 

2 transmission platforms (shortwave, medium wave, sat3 ellite, Internet, and television), for all BBG language serv4 ices shall be subject to the regular notification procedures 

5 of the Committees on Appropriations: Provided further, 

6 That in addition to funds made available under this head7 ing, and notwithstanding any other provision of law, up 

8 to $5,000,000 in receipts from advertising and revenue 

9 from business ventures, up to $500,000 in receipts from 

10 cooperating international organizations, and up to 

11 $1,000,000 in receipts from privatization efforts of the 

12 Voice of America and the International Broadcasting Bu13 reau, shall remain available until expended for carrying 

14 out authorized purposes. 

15 BROADCASTING CAPITAL IMPROVEMENTS

16 For the purchase, rent, construction, repair, preser17 vation, and improvement of facilities for radio, television, 

18 and digital transmission and reception; the purchase, rent, 

19 and installation of necessary equipment for radio, tele20 vision, and digital transmission and reception, including 

21 to Cuba, as authorized; and physical security worldwide, 

22 in addition to amounts otherwise available for such pur23 poses, $9,700,000, to remain available until expended, as 

24 authorized. 


pbinns on DSK79D2C42PROD with BILLS
738 

HR 21 PCS 

1 RELATED PROGRAMS 

2 THE ASIA FOUNDATION

3 For a grant to The Asia Foundation, as authorized 

4 by The Asia Foundation Act (22 U.S.C. 4402), 

5 $17,000,000, to remain available until expended: Pro6 vided, That funds appropriated under this heading shall 

7 be apportioned and obligated to the Foundation not later 

8 than 45 days after enactment of this Act. 

9 UNITED STATES INSTITUTE OF PEACE

10 For necessary expenses of the United States Institute 

11 of Peace, as authorized by the United States Institute of 

12 Peace Act (22 U.S.C. 4601 et seq.), $37,884,000, to re13 main available until September 30, 2020, which shall not 

14 be used for construction activities. 

15 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

16 TRUST FUND

17 For necessary expenses of the Center for Middle 

18 Eastern-Western Dialogue Trust Fund, as authorized by 

19 section 633 of the Departments of Commerce, Justice, and 

20 State, the Judiciary, and Related Agencies Appropriations 

21 Act, 2004 (22 U.S.C. 2078), the total amount of the inter22 est and earnings accruing to such Fund on or before Sep23 tember 30, 2019, to remain available until expended. 


pbinns on DSK79D2C42PROD with BILLS
739 

HR 21 PCS 

1 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

2 For necessary expenses of Eisenhower Exchange Fel3 lowships, Incorporated, as authorized by sections 4 and 

4 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 

5 U.S.C. 5204–5205), all interest and earnings accruing to 

6 the Eisenhower Exchange Fellowship Program Trust 

7 Fund on or before September 30, 2019, to remain avail8 able until expended: Provided, That none of the funds ap9 propriated herein shall be used to pay any salary or other 

10 compensation, or to enter into any contract providing for 

11 the payment thereof, in excess of the rate authorized by 

12 section 5376 of title 5, United States Code; or for pur13 poses which are not in accordance with section 200 of title 

14 2 of the Code of Federal Regulations, including the re15 strictions on compensation for personal services. 

16 ISRAELI ARAB SCHOLARSHIP PROGRAM

17 For necessary expenses of the Israeli Arab Scholar18 ship Program, as authorized by section 214 of the Foreign 

19 Relations Authorization Act, Fiscal Years 1992 and 1993 

20 (22 U.S.C. 2452 note), all interest and earnings accruing 

21 to the Israeli Arab Scholarship Fund on or before Sep22 tember 30, 2019, to remain available until expended. 

23 EAST-WEST CENTER

24 To enable the Secretary of State to provide for car25 rying out the provisions of the Center for Cultural and 


pbinns on DSK79D2C42PROD with BILLS
740 

HR 21 PCS 

1 Technical Interchange Between East and West Act of 

2 1960, by grant to the Center for Cultural and Technical 

3 Interchange Between East and West in the State of Ha4 waii, $16,700,000: Provided, That funds appropriated 

5 under this heading shall be apportioned and obligated to 

6 the Center not later than 45 days after enactment of this 

7 Act. 

8 NATIONAL ENDOWMENT FOR DEMOCRACY

9 For grants made by the Department of State to the 

10 National Endowment for Democracy, as authorized by the 

11 National Endowment for Democracy Act (22 U.S.C. 

12 4412), $170,000,000, to remain available until expended, 

13 of which $117,500,000 shall be allocated in the traditional 

14 and customary manner, including for the core institutes, 

15 and $52,500,000 shall be for democracy programs: Pro16 vided, That funds appropriated under this heading shall 

17 be apportioned and obligated to the Endowment not later 

18 than 45 days after enactment of this Act. 

19 OTHER COMMISSIONS 

20 COMMISSION FOR THE PRESERVATION OF AMERICA’S

21 HERITAGE ABROAD

22 SALARIES AND EXPENSES

23 For necessary expenses for the Commission for the 

24 Preservation of America’s Heritage Abroad, $675,000, as 

25 authorized by chapter 3123 of title 54, United States 


pbinns on DSK79D2C42PROD with BILLS
741 

HR 21 PCS 

1 Code: Provided, That the Commission may procure tem2 porary, intermittent, and other services notwithstanding 

3 paragraph (3) of section 312304(b) of such chapter: Pro4 vided further, That such authority shall terminate on Oc5 tober 1, 2019: Provided further, That the Commission 

6 shall notify the Committees on Appropriations prior to ex7 ercising such authority. 

8 UNITED STATES COMMISSION ON INTERNATIONAL

9 RELIGIOUS FREEDOM

10 SALARIES AND EXPENSES

11 For necessary expenses for the United States Com12 mission on International Religious Freedom (USCIRF), 

13 as authorized by title II of the International Religious 

14 Freedom Act of 1998 (22 U.S.C. 6431 et seq.), 

15 $4,500,000, to remain available until September 30, 2020, 

16 including not more than $4,000 for representation ex17 penses: Provided, That prior to the obligation of 

18 $1,000,000 of the funds appropriated under this heading, 

19 the Commission shall consult with the appropriate con20 gressional committees on the steps taken to implement the 

21 recommendations of the Independent Review of USCIRF 

22 Mission Effectiveness that was conducted pursuant to the 

23 United States Commission on International Religious 

24 Freedom Reauthorization Act of 2015 (Public Law 114– 


pbinns on DSK79D2C42PROD with BILLS
742 

HR 21 PCS 

1 71), and such funds shall be subject to the regular notifi2 cation procedures of the Committees on Appropriations. 

3 COMMISSION ON SECURITY AND COOPERATION IN

4 EUROPE

5 SALARIES AND EXPENSES

6 For necessary expenses of the Commission on Secu7 rity and Cooperation in Europe, as authorized by Public 

8 Law 94–304 (22 U.S.C. 3001 et seq.), $2,579,000, includ9 ing not more than $4,000 for representation expenses, to 

10 remain available until September 30, 2020. 

11 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

12 PEOPLE’S REPUBLIC OF CHINA

13 SALARIES AND EXPENSES

14 For necessary expenses of the Congressional-Execu15 tive Commission on the People’s Republic of China, as au16 thorized by title III of the U.S.-China Relations Act of 

17 2000 (22 U.S.C. 6911 et seq.), $2,000,000, including not 

18 more than $3,000 for representation expenses, to remain 

19 available until September 30, 2020. 

20 UNITED STATES-CHINA ECONOMIC AND SECURITY

21 REVIEW COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the United States-China 

24 Economic and Security Review Commission, as authorized 

25 by section 1238 of the Floyd D. Spence National Defense 


pbinns on DSK79D2C42PROD with BILLS
743 

HR 21 PCS 

1 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 

2 $3,500,000, including not more than $4,000 for represen3 tation expenses, to remain available until September 30, 

4 2020: Provided, That the authorities, requirements, limi5 tations, and conditions contained in the second through 

6 sixth provisos under this heading in the Department of 

7 State, Foreign Operations, and Related Programs Appro8 priations Act, 2010 (division F of Public Law 111–117) 

9 shall continue in effect during fiscal year 2019 and shall 

10 apply to funds appropriated under this heading as if in11 cluded in this Act. 

12 TITLE II 

13 UNITED STATES AGENCY FOR INTERNATIONAL 

14 DEVELOPMENT 

15 FUNDS APPROPRIATED TO THE PRESIDENT

16 OPERATING EXPENSES

17 For necessary expenses to carry out the provisions 

18 of section 667 of the Foreign Assistance Act of 1961, 

19 $1,298,914,000, to remain available until September 30, 

20 2020: Provided, That none of the funds appropriated 

21 under this heading and under the heading ‘‘Capital Invest22 ment Fund’’ in this title may be made available to finance 

23 the construction (including architect and engineering serv24 ices), purchase, or long-term lease of offices for use by 

25 the United States Agency for International Development, 


pbinns on DSK79D2C42PROD with BILLS
744 

HR 21 PCS 

1 unless the USAID Administrator has identified such pro2 posed use of funds in a report submitted to the Commit3 tees on Appropriations at least 15 days prior to the obliga4 tion of funds for such purposes: Provided further, That 

5 contracts or agreements entered into with funds appro6 priated under this heading may entail commitments for 

7 the expenditure of such funds through the following fiscal 

8 year: Provided further, That the authority of sections 610 

9 and 109 of the Foreign Assistance Act of 1961 may be 

10 exercised by the Secretary of State to transfer funds ap11 propriated to carry out chapter 1 of part I of such Act 

12 to ‘‘Operating Expenses’’ in accordance with the provi13 sions of those sections: Provided further, That of the funds 

14 appropriated or made available under this heading, not to 

15 exceed $250,000 may be available for representation and 

16 entertainment expenses, of which not to exceed $5,000 

17 may be available for entertainment expenses, and not to 

18 exceed $100,500 shall be for official residence expenses, 

19 for USAID during the current fiscal year. 

20 CAPITAL INVESTMENT FUND

21 For necessary expenses for overseas construction and 

22 related costs, and for the procurement and enhancement 

23 of information technology and related capital investments, 

24 pursuant to section 667 of the Foreign Assistance Act of 

25 1961, $225,000,000, to remain available until expended: 


pbinns on DSK79D2C42PROD with BILLS
745 

HR 21 PCS 

1 Provided, That this amount is in addition to funds other2 wise available for such purposes: Provided further, That 

3 of the funds appropriated under this heading in this Act 

4 and prior Acts making appropriations for the Department 

5 of State, foreign operations, and related programs, not 

6 less than $220,400,000 shall be made available for a fiscal 

7 year 2019 contribution to the Capital Security Cost Shar8 ing and Maintenance Cost Sharing programs: Provided 

9 further, That funds appropriated under this heading shall 

10 be available subject to the regular notification procedures 

11 of the Committees on Appropriations. 

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses to carry out the provisions 

14 of section 667 of the Foreign Assistance Act of 1961, 

15 $73,000,000, of which up to $10,950,000 may remain 

16 available until September 30, 2020, for the Office of In17 spector General of the United States Agency for Inter18 national Development. 

19 TITLE III 

20 BILATERAL ECONOMIC ASSISTANCE 

21 FUNDS APPROPRIATED TO THE PRESIDENT

22 For necessary expenses to enable the President to 

23 carry out the provisions of the Foreign Assistance Act of 

24 1961, and for other purposes, as follows: 


pbinns on DSK79D2C42PROD with BILLS
746 

HR 21 PCS 

1 GLOBAL HEALTH PROGRAMS

2 For necessary expenses to carry out the provisions 

3 of chapters 1 and 10 of part I of the Foreign Assistance 

4 Act of 1961, for global health activities, in addition to 

5 funds otherwise available for such purposes, 

6 $3,072,000,000, to remain available until September 30, 

7 2020, and which shall be apportioned directly to the 

8 United States Agency for International Development: Pro9 vided, That this amount shall be made available for train10 ing, equipment, and technical assistance to build the ca11 pacity of public health institutions and organizations in 

12 developing countries, and for such activities as: (1) child 

13 survival and maternal health programs; (2) immunization 

14 and oral rehydration programs; (3) other health, nutrition, 

15 water and sanitation programs which directly address the 

16 needs of mothers and children, and related education pro17 grams; (4) assistance for children displaced or orphaned 

18 by causes other than AIDS; (5) programs for the preven19 tion, treatment, control of, and research on HIV/AIDS, 

20 tuberculosis, polio, malaria, and other infectious diseases 

21 including neglected tropical diseases, and for assistance to 

22 communities severely affected by HIV/AIDS, including 

23 children infected or affected by AIDS; (6) disaster pre24 paredness training for health crises; (7) programs to pre25 vent, prepare for, and respond to, unanticipated and 


pbinns on DSK79D2C42PROD with BILLS
747 

HR 21 PCS 

1 emerging global health threats; and (8) family planning/ 

2 reproductive health: Provided further, That funds appro3 priated under this paragraph may be made available for 

4 a United States contribution to the GAVI Alliance: Pro5 vided further, That none of the funds made available in 

6 this Act nor any unobligated balances from prior appro7 priations Acts may be made available to any organization 

8 or program which, as determined by the President of the 

9 United States, supports or participates in the manage10 ment of a program of coercive abortion or involuntary 

11 sterilization: Provided further, That any determination 

12 made under the previous proviso must be made not later 

13 than 6 months after the date of enactment of this Act, 

14 and must be accompanied by the evidence and criteria uti15 lized to make the determination: Provided further, That 

16 none of the funds made available under this Act may be 

17 used to pay for the performance of abortion as a method 

18 of family planning or to motivate or coerce any person 

19 to practice abortions: Provided further, That nothing in 

20 this paragraph shall be construed to alter any existing 

21 statutory prohibitions against abortion under section 104 

22 of the Foreign Assistance Act of 1961: Provided further, 

23 That none of the funds made available under this Act may 

24 be used to lobby for or against abortion: Provided further, 

25 That in order to reduce reliance on abortion in developing 


pbinns on DSK79D2C42PROD with BILLS
748 

HR 21 PCS 

1 nations, funds shall be available only to voluntary family 

2 planning projects which offer, either directly or through 

3 referral to, or information about access to, a broad range 

4 of family planning methods and services, and that any 

5 such voluntary family planning project shall meet the fol6 lowing requirements: (1) service providers or referral 

7 agents in the project shall not implement or be subject 

8 to quotas, or other numerical targets, of total number of 

9 births, number of family planning acceptors, or acceptors 

10 of a particular method of family planning (this provision 

11 shall not be construed to include the use of quantitative 

12 estimates or indicators for budgeting and planning pur13 poses); (2) the project shall not include payment of incen14 tives, bribes, gratuities, or financial reward to: (A) an indi15 vidual in exchange for becoming a family planning accep16 tor; or (B) program personnel for achieving a numerical 

17 target or quota of total number of births, number of fam18 ily planning acceptors, or acceptors of a particular method 

19 of family planning; (3) the project shall not deny any right 

20 or benefit, including the right of access to participate in 

21 any program of general welfare or the right of access to 

22 health care, as a consequence of any individual’s decision 

23 not to accept family planning services; (4) the project shall 

24 provide family planning acceptors comprehensible infor25 mation on the health benefits and risks of the method choVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00748 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
749 

HR 21 PCS 

1 sen, including those conditions that might render the use 

2 of the method inadvisable and those adverse side effects 

3 known to be consequent to the use of the method; and 

4 (5) the project shall ensure that experimental contracep5 tive drugs and devices and medical procedures are pro6 vided only in the context of a scientific study in which 

7 participants are advised of potential risks and benefits; 

8 and, not less than 60 days after the date on which the 

9 USAID Administrator determines that there has been a 

10 violation of the requirements contained in paragraph (1), 

11 (2), (3), or (5) of this proviso, or a pattern or practice 

12 of violations of the requirements contained in paragraph 

13 (4) of this proviso, the Administrator shall submit to the 

14 Committees on Appropriations a report containing a de15 scription of such violation and the corrective action taken 

16 by the Agency: Provided further, That in awarding grants 

17 for natural family planning under section 104 of the For18 eign Assistance Act of 1961 no applicant shall be discrimi19 nated against because of such applicant’s religious or con20 scientious commitment to offer only natural family plan21 ning; and, additionally, all such applicants shall comply 

22 with the requirements of the previous proviso: Provided 

23 further, That for purposes of this or any other Act author24 izing or appropriating funds for the Department of State, 

25 foreign operations, and related programs, the term ‘‘motiVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00749 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
750 

HR 21 PCS 

1 vate’’, as it relates to family planning assistance, shall not 

2 be construed to prohibit the provision, consistent with 

3 local law, of information or counseling about all pregnancy 

4 options: Provided further, That information provided 

5 about the use of condoms as part of projects or activities 

6 that are funded from amounts appropriated by this Act 

7 shall be medically accurate and shall include the public 

8 health benefits and failure rates of such use. 

9 In addition, for necessary expenses to carry out the 

10 provisions of the Foreign Assistance Act of 1961 for the 

11 prevention, treatment, and control of, and research on, 

12 HIV/AIDS, $5,720,000,000, to remain available until 

13 September 30, 2023, which shall be apportioned directly 

14 to the Department of State: Provided, That funds appro15 priated under this paragraph may be made available, not16 withstanding any other provision of law, except for the 

17 United States Leadership Against HIV/AIDS, Tuber18 culosis, and Malaria Act of 2003 (Public Law 108–25), 

19 for a United States contribution to the Global Fund to 

20 Fight AIDS, Tuberculosis and Malaria (Global Fund), 

21 and shall be expended at the minimum rate necessary to 

22 make timely payment for projects and activities: Provided 

23 further, That the amount of such contribution should be 

24 $1,350,000,000: Provided further, That clauses (i) and 

25 (vi) of section 202(d)(4)(A) of the United States LeaderVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00750 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
751 

HR 21 PCS 

1 ship Against HIV/AIDS, Tuberculosis, and Malaria Act 

2 of 2003 (22 U.S.C. 7622) shall be applied with respect 

3 to such funds made available for fiscal years 2015 through 

4 2019 by substituting ‘‘2004’’ for ‘‘2009’’: Provided fur5 ther, That up to 5 percent of the aggregate amount of 

6 funds made available to the Global Fund in fiscal year 

7 2019 may be made available to USAID for technical as8 sistance related to the activities of the Global Fund, sub9 ject to the regular notification procedures of the Commit10 tees on Appropriations: Provided further, That of the 

11 funds appropriated under this paragraph, up to 

12 $17,000,000 may be made available, in addition to 

13 amounts otherwise available for such purposes, for admin14 istrative expenses of the Office of the United States Global 

15 AIDS Coordinator. 

16 DEVELOPMENT ASSISTANCE

17 For necessary expenses to carry out the provisions 

18 of sections 103, 105, 106, 214, and sections 251 through 

19 255, and chapter 10 of part I of the Foreign Assistance 

20 Act of 1961, $3,000,000,000, to remain available until 

21 September 30, 2020. 

22 INTERNATIONAL DISASTER ASSISTANCE

23 For necessary expenses to carry out the provisions 

24 of section 491 of the Foreign Assistance Act of 1961 for 

25 international disaster relief, rehabilitation, and reconVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00751 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
752 

HR 21 PCS 

1 struction assistance, $3,801,034,000, to remain available 

2 until expended: Provided, That such funds shall be appor3 tioned to the United States Agency for International De4 velopment not later than 45 days after enactment of this 

5 Act. 

6 TRANSITION INITIATIVES

7 For necessary expenses for international disaster re8 habilitation and reconstruction assistance administered by 

9 the Office of Transition Initiatives, United States Agency 

10 for International Development, pursuant to section 491 of 

11 the Foreign Assistance Act of 1961, $30,000,000, to re12 main available until expended, to support transition to de13 mocracy and long-term development of countries in crisis: 

14 Provided, That such support may include assistance to de15 velop, strengthen, or preserve democratic institutions and 

16 processes, revitalize basic infrastructure, and foster the 

17 peaceful resolution of conflict: Provided further, That the 

18 USAID Administrator shall submit a report to the Com19 mittees on Appropriations at least 5 days prior to begin20 ning a new program of assistance: Provided further, That 

21 if the Secretary of State determines that it is important 

22 to the national interest of the United States to provide 

23 transition assistance in excess of the amount appropriated 

24 under this heading, up to $15,000,000 of the funds appro25 priated by this Act to carry out the provisions of part I 


pbinns on DSK79D2C42PROD with BILLS
753 

HR 21 PCS 

1 of the Foreign Assistance Act of 1961 may be used for 

2 purposes of this heading and under the authorities appli3 cable to funds appropriated under this heading: Provided 

4 further, That funds made available pursuant to the pre5 vious proviso shall be made available subject to prior con6 sultation with the Committees on Appropriations. 

7 COMPLEX CRISES FUND

8 For necessary expenses to carry out the provisions 

9 of the Foreign Assistance Act of 1961 to support pro10 grams and activities administered by the United States 

11 Agency for International Development to prevent or re12 spond to emerging or unforeseen foreign challenges and 

13 complex crises overseas, $30,000,000, to remain available 

14 until expended: Provided, That funds appropriated under 

15 this heading may be made available on such terms and 

16 conditions as are appropriate and necessary for the pur17 poses of preventing or responding to such challenges and 

18 crises, except that no funds shall be made available for 

19 lethal assistance or to respond to natural disasters: Pro20 vided further, That funds appropriated under this heading 

21 may be made available notwithstanding any other provi22 sion of law, except sections 7007, 7008, and 7018 of this 

23 Act and section 620M of the Foreign Assistance Act of 

24 1961: Provided further, That funds appropriated under 

25 this heading may be used for administrative expenses, in 


pbinns on DSK79D2C42PROD with BILLS
754 

HR 21 PCS 

1 addition to funds otherwise available for such purposes, 

2 except that such expenses may not exceed 5 percent of 

3 the funds appropriated under this heading: Provided fur4 ther, That funds appropriated under this heading shall be 

5 apportioned to USAID not later than 45 days after enact6 ment of this Act: Provided further, That funds appro7 priated under this heading shall be subject to the regular 

8 notification procedures of the Committees on Appropria9 tions, except that such notifications shall be transmitted 

10 at least 5 days prior to the obligation of funds. 

11 DEVELOPMENT CREDIT AUTHORITY

12 For the cost of direct loans and loan guarantees pro13 vided by the United States Agency for International De14 velopment, as authorized by sections 256 and 635 of the 

15 Foreign Assistance Act of 1961, up to $55,000,000 may 

16 be derived by transfer from funds appropriated by this Act 

17 to carry out part I of such Act and under the heading 

18 ‘‘Assistance for Europe, Eurasia and Central Asia’’: Pro19 vided, That funds provided under this paragraph and 

20 funds provided as a gift that are used for purposes of this 

21 paragraph pursuant to section 635(d) of the Foreign As22 sistance Act of 1961 shall be made available only for 

23 micro- and small enterprise programs, urban programs, 

24 and other programs which further the purposes of part 

25 I of such Act: Provided further, That funds provided as 


pbinns on DSK79D2C42PROD with BILLS
755 

HR 21 PCS 

1 a gift that are used for purposes of this paragraph shall 

2 be subject to prior consultation with, and the regular noti3 fication procedures of, the Committees on Appropriations: 

4 Provided further, That such costs, including the cost of 

5 modifying such direct and guaranteed loans, shall be as 

6 defined in section 502 of the Congressional Budget Act 

7 of 1974, as amended: Provided further, That funds made 

8 available by this paragraph may be used for the cost of 

9 modifying any such guaranteed loans under this Act or 

10 prior Acts making appropriations for the Department of 

11 State, foreign operations, and related programs, and funds 

12 used for such cost, including if the cost results in a nega13 tive subsidy, shall be subject to the regular notification 

14 procedures of the Committees on Appropriations: Provided 

15 further, That the provisions of section 107A(d) (relating 

16 to general provisions applicable to the Development Credit 

17 Authority) of the Foreign Assistance Act of 1961, as con18 tained in section 306 of H.R. 1486 as reported by the 

19 House Committee on International Relations on May 9, 

20 1997, shall be applicable to direct loans and loan guaran21 tees provided under this heading, except that the principal 

22 amount of loans made or guaranteed under this heading 

23 with respect to any single country shall not exceed 

24 $300,000,000: Provided further, That these funds are 


pbinns on DSK79D2C42PROD with BILLS
756 

HR 21 PCS 

1 available to subsidize total loan principal, any portion of 

2 which is to be guaranteed, of up to $1,750,000,000. 

3 In addition, for administrative expenses to carry out 

4 credit programs administered by USAID, $10,000,000, 

5 which may be transferred to, and merged with, funds 

6 made available under the heading ‘‘Operating Expenses’’ 

7 in title II of this Act: Provided, That funds made available 

8 under this heading shall remain available until September 

9 30, 2021. 

10 ECONOMIC SUPPORT FUND

11 For necessary expenses to carry out the provisions 

12 of chapter 4 of part II of the Foreign Assistance Act of 

13 1961, $2,853,925,000, to remain available until Sep14 tember 30, 2020. 

15 DEMOCRACY FUND

16 For necessary expenses to carry out the provisions 

17 of the Foreign Assistance Act of 1961 for the promotion 

18 of democracy globally, including to carry out the purposes 

19 of section 502(b)(3) and (5) of Public Law 98–164 (22 

20 U.S.C. 4411), $165,000,000, to remain available until 

21 September 30, 2020, which shall be made available for the 

22 Human Rights and Democracy Fund of the Bureau of De23 mocracy, Human Rights, and Labor, Department of 

24 State: Provided, That funds appropriated under this head25 ing that are made available to the National Endowment 


pbinns on DSK79D2C42PROD with BILLS
757 

HR 21 PCS 

1 for Democracy and its core institutes are in addition to 

2 amounts otherwise available by this Act for such purposes: 

3 Provided further, That funds appropriated under this 

4 paragraph may be used for administrative expenses of the 

5 Bureau of Democracy, Human Rights, and Labor, De6 partment of State: Provided further, That the Assistant 

7 Secretary for Democracy, Human Rights, and Labor, De8 partment of State, shall consult with the Committees on 

9 Appropriations prior to the obligation of funds appro10 priated under this paragraph. 

11 For an additional amount for such purposes, 

12 $67,795,000, to remain available until September 30, 

13 2020, which shall be made available for the Bureau for 

14 Democracy, Conflict, and Humanitarian Assistance, 

15 United States Agency for International Development. 

16 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

17 For necessary expenses to carry out the provisions 

18 of the Foreign Assistance Act of 1961, the FREEDOM 

19 Support Act (Public Law 102–511), and the Support for 

20 Eastern European Democracy (SEED) Act of 1989 (Pub21 lic Law 101–179), $770,334,000, to remain available until 

22 September 30, 2020, which shall be available, notwith23 standing any other provision of law, except section 7067 

24 of this Act, for assistance and related programs for coun25 tries identified in section 3 of Public Law 102–511 (22 


pbinns on DSK79D2C42PROD with BILLS
758 

HR 21 PCS 

1 U.S.C. 5801) and section 3(c) of Public Law 101–179 (22 

2 U.S.C. 5402), in addition to funds otherwise available for 

3 such purposes: Provided, That funds appropriated by this 

4 Act under the headings ‘‘Global Health Programs’’, ‘‘Eco5 nomic Support Fund’’, and ‘‘International Narcotics Con6 trol and Law Enforcement’’ that are made available for 

7 assistance for such countries shall be administered in ac8 cordance with the responsibilities of the coordinator des9 ignated pursuant to section 102 of Public Law 102–511 

10 and section 601 of Public Law 101–179: Provided further, 

11 That funds appropriated under this heading shall be con12 sidered to be economic assistance under the Foreign As13 sistance Act of 1961 for purposes of making available the 

14 administrative authorities contained in that Act for the 

15 use of economic assistance. 

16 DEPARTMENT OF STATE

17 MIGRATION AND REFUGEE ASSISTANCE

18 For necessary expenses not otherwise provided for, 

19 to enable the Secretary of State to carry out the provisions 

20 of section 2(a) and (b) of the Migration and Refugee As21 sistance Act of 1962, and other activities to meet refugee 

22 and migration needs; salaries and expenses of personnel 

23 and dependents as authorized by the Foreign Service Act 

24 of 1980; allowances as authorized by sections 5921 

25 through 5925 of title 5, United States Code; purchase and 


pbinns on DSK79D2C42PROD with BILLS
759 

HR 21 PCS 

1 hire of passenger motor vehicles; and services as author2 ized by section 3109 of title 5, United States Code, 

3 $2,938,024,000, to remain available until expended, of 

4 which not less than $35,000,000 shall be made available 

5 to respond to small-scale emergency humanitarian require6 ments, and $5,000,000 shall be made available for refu7 gees resettling in Israel. 

8 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

9 ASSISTANCE FUND

10 For necessary expenses to carry out the provisions 

11 of section 2(c) of the Migration and Refugee Assistance 

12 Act of 1962, as amended (22 U.S.C. 2601(c)), 

13 $1,000,000, to remain available until expended: Provided, 

14 That amounts in excess of the limitation contained in 

15 paragraph (2) of such section shall be transferred to, and 

16 merged with, funds made available by this Act under the 

17 heading ‘‘Migration and Refugee Assistance’’. 

18 INDEPENDENT AGENCIES

19 PEACE CORPS

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses to carry out the provisions 

22 of the Peace Corps Act (22 U.S.C. 2501 et seq.), including 

23 the purchase of not to exceed five passenger motor vehicles 

24 for administrative purposes for use outside of the United 

25 States, $410,000,000, of which $6,000,000 is for the OfVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00759 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
760 

HR 21 PCS 

1 fice of Inspector General, to remain available until Sep2 tember 30, 2020: Provided, That the Director of the Peace 

3 Corps may transfer to the Foreign Currency Fluctuations 

4 Account, as authorized by section 16 of the Peace Corps 

5 Act (22 U.S.C. 2515), an amount not to exceed 

6 $5,000,000: Provided further, That funds transferred pur7 suant to the previous proviso may not be derived from 

8 amounts made available for Peace Corps overseas oper9 ations: Provided further, That of the funds appropriated 

10 under this heading, not to exceed $104,000 may be avail11 able for representation expenses, of which not to exceed 

12 $4,000 may be made available for entertainment expenses: 

13 Provided further, That any decision to open, close, signifi14 cantly reduce, or suspend a domestic or overseas office or 

15 country program shall be subject to prior consultation 

16 with, and the regular notification procedures of, the Com17 mittees on Appropriations, except that prior consultation 

18 and regular notification procedures may be waived when 

19 there is a substantial security risk to volunteers or other 

20 Peace Corps personnel, pursuant to section 7015(e) of this 

21 Act: Provided further, That none of the funds appropriated 

22 under this heading shall be used to pay for abortions: Pro23 vided further, That notwithstanding the previous proviso, 

24 section 614 of division E of Public Law 113–76 shall 

25 apply to funds appropriated under this heading. 


pbinns on DSK79D2C42PROD with BILLS
761 

HR 21 PCS 

1 MILLENNIUM CHALLENGE CORPORATION

2 For necessary expenses to carry out the provisions 

3 of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 

4 et seq.) (MCA), $905,000,000, to remain available until 

5 expended: Provided, That of the funds appropriated under 

6 this heading, up to $105,000,000 may be available for ad7 ministrative expenses of the Millennium Challenge Cor8 poration: Provided further, That section 605(e) of the 

9 MCA shall apply to funds appropriated under this head10 ing: Provided further, That funds appropriated under this 

11 heading may be made available for a Millennium Challenge 

12 Compact entered into pursuant to section 609 of the MCA 

13 only if such Compact obligates, or contains a commitment 

14 to obligate subject to the availability of funds and the mu15 tual agreement of the parties to the Compact to proceed, 

16 the entire amount of the United States Government fund17 ing anticipated for the duration of the Compact: Provided 

18 further, That no country should be eligible for a threshold 

19 program after such country has completed a country com20 pact: Provided further, That of the funds appropriated 

21 under this heading, not to exceed $100,000 may be avail22 able for representation and entertainment expenses, of 

23 which not to exceed $5,000 may be available for entertain24 ment expenses. 


pbinns on DSK79D2C42PROD with BILLS
762 

HR 21 PCS 

1 INTER-AMERICAN FOUNDATION

2 For necessary expenses to carry out the functions of 

3 the Inter-American Foundation in accordance with the 

4 provisions of section 401 of the Foreign Assistance Act 

5 of 1969, $22,500,000, to remain available until September 

6 30, 2020: Provided, That of the funds appropriated under 

7 this heading, not to exceed $2,000 may be available for 

8 representation expenses. 

9 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

10 For necessary expenses to carry out the African De11 velopment Foundation Act (title V of Public Law 96–533; 

12 22 U.S.C. 290h et seq.), $30,000,000, to remain available 

13 until September 30, 2020, of which not to exceed $2,000 

14 may be available for representation expenses: Provided, 

15 That funds made available to grantees may be invested 

16 pending expenditure for project purposes when authorized 

17 by the Board of Directors of the United States African 

18 Development Foundation (USADF): Provided further, 

19 That interest earned shall be used only for the purposes 

20 for which the grant was made: Provided further, That not21 withstanding section 505(a)(2) of the African Develop22 ment Foundation Act (22 U.S.C. 290h–3(a)(2)), in excep23 tional circumstances the Board of Directors of the 

24 USADF may waive the $250,000 limitation contained in 

25 that section with respect to a project and a project may 


pbinns on DSK79D2C42PROD with BILLS
763 

HR 21 PCS 

1 exceed the limitation by up to 10 percent if the increase 

2 is due solely to foreign currency fluctuation: Provided fur3 ther, That the USADF shall submit a report to the appro4 priate congressional committees after each time such waiv5 er authority is exercised: Provided further, That the 

6 USADF may make rent or lease payments in advance 

7 from appropriations available for such purpose for offices, 

8 buildings, grounds, and quarters in Africa as may be nec9 essary to carry out its functions: Provided further, That 

10 the USADF may maintain bank accounts outside the 

11 United States Treasury and retain any interest earned on 

12 such accounts, in furtherance of the purposes of the Afri13 can Development Foundation Act: Provided further, That 

14 the USADF may not withdraw any appropriation from the 

15 Treasury prior to the need of spending such funds for pro16 gram purposes. 

17 DEPARTMENT OF THE TREASURY

18 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

19 For necessary expenses to carry out the provisions 

20 of section 129 of the Foreign Assistance Act of 1961, 

21 $30,000,000, to remain available until expended: Pro22 vided, That amounts made available under this heading 

23 may be made available to contract for services as described 

24 in section 129(d)(3)(A) of the Foreign Assistance Act of 


pbinns on DSK79D2C42PROD with BILLS
764 

HR 21 PCS 

1 1961, without regard to the location in which such services 

2 are performed. 

3 TITLE IV 

4 INTERNATIONAL SECURITY ASSISTANCE 

5 DEPARTMENT OF STATE

6 INTERNATIONAL NARCOTICS CONTROL AND LAW

7 ENFORCEMENT

8 For necessary expenses to carry out section 481 of 

9 the Foreign Assistance Act of 1961, $986,945,000, to re10 main available until September 30, 2020: Provided, That 

11 the Department of State may use the authority of section 

12 608 of the Foreign Assistance Act of 1961, without regard 

13 to its restrictions, to receive excess property from an agen14 cy of the United States Government for the purpose of 

15 providing such property to a foreign country or inter16 national organization under chapter 8 of part I of such 

17 Act, subject to the regular notification procedures of the 

18 Committees on Appropriations: Provided further, That sec19 tion 482(b) of the Foreign Assistance Act of 1961 shall 

20 not apply to funds appropriated under this heading, except 

21 that any funds made available notwithstanding such sec22 tion shall be subject to the regular notification procedures 

23 of the Committees on Appropriations: Provided further, 

24 That funds appropriated under this heading shall be made 

25 available to support training and technical assistance for 


pbinns on DSK79D2C42PROD with BILLS
765 

HR 21 PCS 

1 foreign law enforcement, corrections, judges, and other ju2 dicial authorities, utilizing regional partners: Provided fur3 ther, That funds made available under this heading that 

4 are transferred to another department, agency, or instru5 mentality of the United States Government pursuant to 

6 section 632(b) of the Foreign Assistance Act of 1961 val7 ued in excess of $5,000,000, and any agreement made 

8 pursuant to section 632(a) of such Act, shall be subject 

9 to the regular notification procedures of the Committees 

10 on Appropriations. 

11 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

12 RELATED PROGRAMS

13 For necessary expenses for nonproliferation, anti-ter14 rorism, demining and related programs and activities, 

15 $640,080,000, to remain available until September 30, 

16 2020, to carry out the provisions of chapter 8 of part II 

17 of the Foreign Assistance Act of 1961 for anti-terrorism 

18 assistance, chapter 9 of part II of the Foreign Assistance 

19 Act of 1961, section 504 of the FREEDOM Support Act, 

20 section 23 of the Arms Export Control Act, or the Foreign 

21 Assistance Act of 1961 for demining activities, the clear22 ance of unexploded ordnance, the destruction of small 

23 arms, and related activities, notwithstanding any other 

24 provision of law, including activities implemented through 

25 nongovernmental and international organizations, and secVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00765 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
766 

HR 21 PCS 

1 tion 301 of the Foreign Assistance Act of 1961 for a 

2 United States contribution to the Comprehensive Nuclear 

3 Test Ban Treaty Preparatory Commission, and for a vol4 untary contribution to the International Atomic Energy 

5 Agency (IAEA): Provided, That funds made available 

6 under this heading for the Nonproliferation and Disar7 mament Fund shall be made available, notwithstanding 

8 any other provision of law and subject to prior consulta9 tion with, and the regular notification procedures of, the 

10 Committees on Appropriations, to promote bilateral and 

11 multilateral activities relating to nonproliferation, disar12 mament, and weapons destruction, and shall remain avail13 able until expended: Provided further, That such funds 

14 may also be used for such countries other than the Inde15 pendent States of the former Soviet Union and inter16 national organizations when it is in the national security 

17 interest of the United States to do so: Provided further, 

18 That funds appropriated under this heading may be made 

19 available for the IAEA unless the Secretary of State deter20 mines that Israel is being denied its right to participate 

21 in the activities of that Agency: Provided further, That 

22 funds made available for conventional weapons destruction 

23 programs, including demining and related activities, in ad24 dition to funds otherwise available for such purposes, may 

25 be used for administrative expenses related to the operVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00766 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
767 

HR 21 PCS 

1 ation and management of such programs and activities, 

2 subject to the regular notification procedures of the Com3 mittees on Appropriations: Provided further, That funds 

4 appropriated under this heading shall be made available 

5 for the Counterterrorism Partnerships Fund, as described 

6 in section 8003 of the Department of State, Foreign Oper7 ations, and Related Programs Appropriations Act, 2018 

8 (division K of Public Law 115–141), following prior con9 sultation with the Committees on Appropriations. 

10 PEACEKEEPING OPERATIONS

11 For necessary expenses to carry out the provisions 

12 of section 551 of the Foreign Assistance Act of 1961, 

13 $152,212,000, to remain available until September 30, 

14 2020: Provided, That funds appropriated under this head15 ing may be used, notwithstanding section 660 of such Act, 

16 to provide assistance to enhance the capacity of foreign 

17 civilian security forces, including gendarmes, to partici18 pate in peacekeeping operations: Provided further, That of 

19 the funds appropriated under this heading, not less than 

20 $31,000,000 shall be made available for a United States 

21 contribution to the Multinational Force and Observers 

22 mission in the Sinai: Provided further, That none of the 

23 funds appropriated under this heading shall be obligated 

24 except as provided through the regular notification proce25 dures of the Committees on Appropriations. 


pbinns on DSK79D2C42PROD with BILLS
768 

HR 21 PCS 

1 FUNDS APPROPRIATED TO THE PRESIDENT

2 INTERNATIONAL MILITARY EDUCATION AND TRAINING

3 For necessary expenses to carry out the provisions 

4 of section 541 of the Foreign Assistance Act of 1961, 

5 $110,680,000, of which up to $11,000,000 may remain 

6 available until September 30, 2020: Provided, That the 

7 civilian personnel for whom military education and train8 ing may be provided under this heading may include civil9 ians who are not members of a government whose partici10 pation would contribute to improved civil-military rela11 tions, civilian control of the military, or respect for human 

12 rights: Provided further, That of the funds appropriated 

13 under this heading, not to exceed $55,000 may be avail14 able for entertainment expenses. 

15 FOREIGN MILITARY FINANCING PROGRAM

16 For necessary expenses for grants to enable the 

17 President to carry out the provisions of section 23 of the 

18 Arms Export Control Act, $5,475,613,000: Provided, 

19 That to expedite the provision of assistance to foreign 

20 countries and international organizations, the Secretary of 

21 State, following consultation with the Committees on Ap22 propriations and subject to the regular notification proce23 dures of such Committees, may use the funds appro24 priated under this heading to procure defense articles and 

25 services to enhance the capacity of foreign security forces: 


pbinns on DSK79D2C42PROD with BILLS
769 

HR 21 PCS 

1 Provided further, That of the funds appropriated under 

2 this heading, not less than $3,300,000,000 shall be avail3 able for grants only for Israel which shall be disbursed 

4 within 30 days of enactment of this Act: Provided further, 

5 That to the extent that the Government of Israel requests 

6 that funds be used for such purposes, grants made avail7 able for Israel under this heading shall, as agreed by the 

8 United States and Israel, be available for advanced weap9 ons systems, of which not less than $815,300,000 shall 

10 be available for the procurement in Israel of defense arti11 cles and defense services, including research and develop12 ment: Provided further, That funds appropriated or other13 wise made available under this heading shall be nonrepay14 able notwithstanding any requirement in section 23 of the 

15 Arms Export Control Act: Provided further, That funds 

16 made available under this heading shall be obligated upon 

17 apportionment in accordance with paragraph (5)(C) of 

18 section 1501(a) of title 31, United States Code. 

19 None of the funds made available under this heading 

20 shall be available to finance the procurement of defense 

21 articles, defense services, or design and construction serv22 ices that are not sold by the United States Government 

23 under the Arms Export Control Act unless the foreign 

24 country proposing to make such procurement has first 

25 signed an agreement with the United States Government 


pbinns on DSK79D2C42PROD with BILLS
770 

HR 21 PCS 

1 specifying the conditions under which such procurement 

2 may be financed with such funds: Provided, That all coun3 try and funding level increases in allocations shall be sub4 mitted through the regular notification procedures of sec5 tion 7015 of this Act: Provided further, That funds made 

6 available under this heading may be used, notwithstanding 

7 any other provision of law, for demining, the clearance of 

8 unexploded ordnance, and related activities, and may in9 clude activities implemented through nongovernmental 

10 and international organizations: Provided further, That 

11 only those countries for which assistance was justified for 

12 the ‘‘Foreign Military Sales Financing Program’’ in the 

13 fiscal year 1989 congressional presentation for security as14 sistance programs may utilize funds made available under 

15 this heading for procurement of defense articles, defense 

16 services, or design and construction services that are not 

17 sold by the United States Government under the Arms 

18 Export Control Act: Provided further, That funds appro19 priated under this heading shall be expended at the min20 imum rate necessary to make timely payment for defense 

21 articles and services: Provided further, That not more than 

22 $75,000,000 of the funds appropriated under this heading 

23 may be obligated for necessary expenses, including the 

24 purchase of passenger motor vehicles for replacement only 

25 for use outside of the United States, for the general costs 


pbinns on DSK79D2C42PROD with BILLS
771 

HR 21 PCS 

1 of administering military assistance and sales, except that 

2 this limitation may be exceeded only through the regular 

3 notification procedures of the Committees on Appropria4 tions: Provided further, That of the funds made available 

5 under this heading for general costs of administering mili6 tary assistance and sales, not to exceed $4,000 may be 

7 available for entertainment expenses and not to exceed 

8 $130,000 may be available for representation expenses: 

9 Provided further, That not more than $950,000,000 of 

10 funds realized pursuant to section 21(e)(1)(A) of the Arms 

11 Export Control Act may be obligated for expenses incurred 

12 by the Department of Defense during fiscal year 2019 

13 pursuant to section 43(b) of the Arms Export Control Act, 

14 except that this limitation may be exceeded only through 

15 the regular notification procedures of the Committees on 

16 Appropriations. 

17 TITLE V 

18 MULTILATERAL ASSISTANCE 

19 FUNDS APPROPRIATED TO THE PRESIDENT

20 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

21 For necessary expenses to carry out the provisions 

22 of section 301 of the Foreign Assistance Act of 1961, and 

23 of section 2 of the United Nations Environment Program 

24 Participation Act of 1973 (Public Law 93–188; 87 Stat. 

25 713), $358,750,000: Provided, That section 307(a) of the 


pbinns on DSK79D2C42PROD with BILLS
772 

HR 21 PCS 

1 Foreign Assistance Act of 1961 shall not apply to con2 tributions to the United Nations Democracy Fund. 

3 INTERNATIONAL FINANCIAL INSTITUTIONS

4 GLOBAL ENVIRONMENT FACILITY

5 For payment to the International Bank for Recon6 struction and Development as trustee for the Global Envi7 ronment Facility by the Secretary of the Treasury, 

8 $136,563,000, to remain available until expended, which 

9 shall be obligated for payment not later than 45 days after 

10 enactment of this Act: Provided, That such funds are only 

11 available for the first installment of the seventh replenish12 ment of the Global Environment Facility and to support 

13 a multi-year pledge to such replenishment of not less than 

14 $546,252,000. 

15 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

16 ASSOCIATION

17 For payment to the International Development Asso18 ciation by the Secretary of the Treasury, $1,097,010,000, 

19 to remain available until expended. 

20 For an additional amount for payment to the Inter21 national Development Association by the Secretary of the 

22 Treasury, $2,000,000, to remain available until expended, 

23 of which not less than $1,500,000 is to support the World 

24 Bank Inspection Panel and not less than $500,000 is to 


pbinns on DSK79D2C42PROD with BILLS
773 

HR 21 PCS 

1 support the Office of the Compliance Advisor Ombuds2 man. 

3 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

4 For payment to the Asian Development Bank’s Asian 

5 Development Fund by the Secretary of the Treasury, 

6 $47,395,000, to remain available until expended. 

7 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

8 For payment to the African Development Bank by 

9 the Secretary of the Treasury for the United States share 

10 of the paid-in portion of the increase in capital stock, 

11 $32,417,000, to remain available until expended. 

12 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

13 The United States Governor of the African Develop14 ment Bank may subscribe without fiscal year limitation 

15 to the callable capital portion of the United States share 

16 of such capital stock in an amount not to exceed 

17 $507,860,806. 

18 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

19 For payment to the African Development Fund by 

20 the Secretary of the Treasury, $171,300,000, to remain 

21 available until expended. 

22 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

23 AGRICULTURAL DEVELOPMENT

24 For payment to the International Fund for Agricul25 tural Development by the Secretary of the Treasury, 


pbinns on DSK79D2C42PROD with BILLS
774 

HR 21 PCS 

1 $30,000,000, to remain available until expended, which 

2 shall be obligated for payment not later than 45 days after 

3 enactment of this Act: Provided, That such funds shall 

4 only be available for the first installment of the eleventh 

5 replenishment of the International Fund for Agricultural 

6 Development and to support a multiyear pledge of not less 

7 than $90,000,000. 

8 TITLE VI 

9 EXPORT AND INVESTMENT ASSISTANCE 

10 EXPORT-IMPORT BANK OF THE UNITED STATES

11 INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector 

13 General in carrying out the provisions of the Inspector 

14 General Act of 1978, as amended, $5,700,000, of which 

15 up to $855,000 may remain available until September 30, 

16 2020. 

17 PROGRAM ACCOUNT

18 The Export-Import Bank of the United States is au19 thorized to make such expenditures within the limits of 

20 funds and borrowing authority available to such corpora21 tion, and in accordance with law, and to make such con22 tracts and commitments without regard to fiscal year limi23 tations, as provided by section 9104 of title 31, United 

24 States Code, as may be necessary in carrying out the pro25 gram for the current fiscal year for such corporation: ProVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00774 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
775 

HR 21 PCS 

1 vided, That none of the funds available during the current 

2 fiscal year may be used to make expenditures, contracts, 

3 or commitments for the export of nuclear equipment, fuel, 

4 or technology to any country, other than a nuclear-weapon 

5 state as defined in Article IX of the Treaty on the Non6 Proliferation of Nuclear Weapons eligible to receive eco7 nomic or military assistance under this Act, that has deto8 nated a nuclear explosive after the date of enactment of 

9 this Act. 

10 ADMINISTRATIVE EXPENSES

11 For administrative expenses to carry out the direct 

12 and guaranteed loan and insurance programs, including 

13 hire of passenger motor vehicles and services as authorized 

14 by section 3109 of title 5, United States Code, and not 

15 to exceed $30,000 for official reception and representation 

16 expenses for members of the Board of Directors, not to 

17 exceed $110,000,000, of which up to $16,500,000 may re18 main available until September 30, 2020: Provided, That 

19 the Export-Import Bank (the Bank) may accept, and use, 

20 payment or services provided by transaction participants 

21 for legal, financial, or technical services in connection with 

22 any transaction for which an application for a loan, guar23 antee or insurance commitment has been made: Provided 

24 further, That the Bank shall charge fees for necessary ex25 penses (including special services performed on a contract 


pbinns on DSK79D2C42PROD with BILLS
776 

HR 21 PCS 

1 or fee basis, but not including other personal services) in 

2 connection with the collection of moneys owed the Bank, 

3 repossession or sale of pledged collateral or other assets 

4 acquired by the Bank in satisfaction of moneys owed the 

5 Bank, or the investigation or appraisal of any property, 

6 or the evaluation of the legal, financial, or technical as7 pects of any transaction for which an application for a 

8 loan, guarantee or insurance commitment has been made, 

9 or systems infrastructure directly supporting transactions: 

10 Provided further, That in addition to other funds appro11 priated for administrative expenses, such fees shall be 

12 credited to this account for such purposes, to remain avail13 able until expended. 

14 RECEIPTS COLLECTED

15 Receipts collected pursuant to the Export-Import 

16 Bank Act of 1945 (Public Law 79–173) and the Federal 

17 Credit Reform Act of 1990, in an amount not to exceed 

18 the amount appropriated herein, shall be credited as off19 setting collections to this account: Provided, That the 

20 sums herein appropriated from the General Fund shall be 

21 reduced on a dollar-for-dollar basis by such offsetting col22 lections so as to result in a final fiscal year appropriation 

23 from the General Fund estimated at $0: Provided further, 

24 That amounts collected in fiscal year 2019 in excess of 

25 obligations, up to $10,000,000 shall become available on 


pbinns on DSK79D2C42PROD with BILLS
777 

HR 21 PCS 

1 September 1, 2019, and shall remain available until Sep2 tember 30, 2022. 

3 OVERSEAS PRIVATE INVESTMENT CORPORATION

4 NONCREDIT ACCOUNT

5 The Overseas Private Investment Corporation is au6 thorized to make, without regard to fiscal year limitations, 

7 as provided by section 9104 of title 31, United States 

8 Code, such expenditures and commitments within the lim9 its of funds available to it and in accordance with law as 

10 may be necessary: Provided, That the amount available for 

11 administrative expenses to carry out the credit and insur12 ance programs (including an amount for official reception 

13 and representation expenses which shall not exceed 

14 $35,000) shall not exceed $79,200,000: Provided further, 

15 That project-specific transaction costs, including direct 

16 and indirect costs incurred in claims settlements, and 

17 other direct costs associated with services provided to spe18 cific investors or potential investors pursuant to section 

19 234 of the Foreign Assistance Act of 1961, shall not be 

20 considered administrative expenses for the purposes of this 

21 heading. 

22 PROGRAM ACCOUNT

23 For the cost of direct and guaranteed loans as au24 thorized by section 234 of the Foreign Assistance Act of 

25 1961, $20,000,000, to be derived by transfer from the 


pbinns on DSK79D2C42PROD with BILLS
778 

HR 21 PCS 

1 Overseas Private Investment Corporation Noncredit Ac2 count, to remain available until September 30, 2021: Pro3 vided, That such costs, including the cost of modifying 

4 such loans, shall be as defined in section 502 of the Con5 gressional Budget Act of 1974: Provided further, That 

6 funds so obligated in fiscal year 2019 remain available for 

7 disbursement through 2027; funds obligated in fiscal year 

8 2020 remain available for disbursement through 2028; 

9 and funds obligated in fiscal year 2021 remain available 

10 for disbursement through 2029: Provided further, That 

11 notwithstanding any other provision of law, the Overseas 

12 Private Investment Corporation is authorized to undertake 

13 any program authorized by title IV of chapter 2 of part 

14 I of the Foreign Assistance Act of 1961 in Iraq: Provided 

15 further, That funds made available pursuant to the au16 thority of the previous proviso shall be subject to the reg17 ular notification procedures of the Committees on Appro18 priations. 

19 In addition, such sums as may be necessary for ad20 ministrative expenses to carry out the credit program may 

21 be derived from amounts available for administrative ex22 penses to carry out the credit and insurance programs in 

23 the Overseas Private Investment Corporation Noncredit 

24 Account and merged with said account. 


pbinns on DSK79D2C42PROD with BILLS
779 

HR 21 PCS 

1 TRADE AND DEVELOPMENT AGENCY

2 For necessary expenses to carry out the provisions 

3 of section 661 of the Foreign Assistance Act of 1961, 

4 $79,500,000, to remain available until September 30, 

5 2020: Provided, That of the funds appropriated under this 

6 heading, not more than $5,000 may be available for rep7 resentation and entertainment expenses. 

8 TITLE VII 

9 GENERAL PROVISIONS 

10 ALLOWANCES AND DIFFERENTIALS

11 SEC. 7001. Funds appropriated under title I of this 

12 Act shall be available, except as otherwise provided, for 

13 allowances and differentials as authorized by subchapter 

14 59 of title 5, United States Code; for services as author15 ized by section 3109 of such title and for hire of passenger 

16 transportation pursuant to section 1343(b) of title 31, 

17 United States Code. 

18 UNOBLIGATED BALANCES REPORT

19 SEC. 7002. Any department or agency of the United 

20 States Government to which funds are appropriated or 

21 otherwise made available by this Act shall provide to the 

22 Committees on Appropriations a quarterly accounting of 

23 cumulative unobligated balances and obligated, but unex24 pended, balances by program, project, and activity, and 

25 Treasury Account Fund Symbol of all funds received by 


pbinns on DSK79D2C42PROD with BILLS
780 

HR 21 PCS 

1 such department or agency in fiscal year 2019 or any pre2 vious fiscal year, disaggregated by fiscal year: Provided, 

3 That the report required by this section shall be submitted 

4 not later than 30 days after the end of each fiscal quarter 

5 and should specify by account the amount of funds obli6 gated pursuant to bilateral agreements which have not 

7 been further sub-obligated. 

8 CONSULTING SERVICES

9 SEC. 7003. The expenditure of any appropriation 

10 under title I of this Act for any consulting service through 

11 procurement contract, pursuant to section 3109 of title 

12 5, United States Code, shall be limited to those contracts 

13 where such expenditures are a matter of public record and 

14 available for public inspection, except where otherwise pro15 vided under existing law, or under existing Executive order 

16 issued pursuant to existing law. 

17 DIPLOMATIC FACILITIES

18 SEC. 7004. (a) CAPITAL SECURITY COST SHARING

19 INFORMATION.—The Secretary of State shall promptly in20 form the Committees on Appropriations of each instance 

21 in which a Federal department or agency is delinquent in 

22 providing the full amount of funding required by section 

23 604(e) of the Secure Embassy Construction and Counter24 terrorism Act of 1999 (22 U.S.C. 4865 note). 


pbinns on DSK79D2C42PROD with BILLS
781 

HR 21 PCS 

1 (b) EXCEPTION.—Notwithstanding paragraph (2) of 

2 section 604(e) of the Secure Embassy Construction and 

3 Counterterrorism Act of 1999 (title VI of division A of 

4 H.R. 3427, as enacted into law by section 1000(a)(7) of 

5 Public Law 106–113 and contained in appendix G of that 

6 Act), as amended by section 111 of the Department of 

7 State Authorities Act, Fiscal Year 2017 (Public Law 114– 

8 323), a project to construct a facility of the United States 

9 may include office space or other accommodations for 

10 members of the United States Marine Corps. 

11 (c) NEW DIPLOMATIC FACILITIES.—For the pur12 poses of calculating the fiscal year 2019 costs of providing 

13 new United States diplomatic facilities in accordance with 

14 section 604(e) of the Secure Embassy Construction and 

15 Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the 

16 Secretary of State, in consultation with the Director of 

17 the Office of Management and Budget, shall determine the 

18 annual program level and agency shares in a manner that 

19 is proportional to the contribution of the Department of 

20 State for this purpose. 

21 (d) CONSULTATION AND NOTIFICATION.—Funds ap22 propriated by this Act and prior Acts making appropria23 tions for the Department of State, foreign operations, and 

24 related programs, which may be made available for the 

25 acquisition of property or award of construction contracts 


pbinns on DSK79D2C42PROD with BILLS
782 

HR 21 PCS 

1 for overseas United States diplomatic facilities during fis2 cal year 2019, shall be subject to prior consultation with, 

3 and the regular notification procedures of, the Committees 

4 on Appropriations: Provided, That notifications pursuant 

5 to this subsection shall include the information enumer6 ated under the heading ‘‘Embassy Security, Construction, 

7 and Maintenance’’ in House Report 115–253 and Senate 

8 Report 114–290: Provided further, That any such notifica9 tion for a new diplomatic facility justified to the Commit10 tees on Appropriations in the Congressional Budget Jus11 tification, Department of State, Foreign Operations, and 

12 Related Programs, Fiscal Year 2019, or not previously 

13 justified to such Committees, shall also include confirma14 tion that the Department of State has completed the req15 uisite value engineering studies required pursuant to OMB 

16 Circular A–131, Value Engineering December 31, 2013 

17 and the Bureau of Overseas Building Operations Policy 

18 and Procedure Directive, P&PD, Cost 02: Value Engineer19 ing. 

20 (e) INTERIM AND TEMPORARY FACILITIES

21 ABROAD.— 

22 (1) SECURITY VULNERABILITIES.—Funds ap23 propriated by this Act under the heading ‘‘Embassy 

24 Security, Construction, and Maintenance’’ may be 

25 made available, following consultation with the apVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00782 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
783 

HR 21 PCS 

1 propriate congressional committees, to address secu2 rity vulnerabilities at interim and temporary United 

3 States diplomatic facilities abroad, including physical 

4 security upgrades and local guard staffing, except 

5 that the amount of funds made available for such 

6 purposes from this Act and prior Acts making ap7 propriations for the Department of State, foreign 

8 operations, and related programs shall be a min9 imum of $25,000,000. 

10 (2) CONSULTATION.—Notwithstanding any 

11 other provision of law, the opening, closure, or any 

12 significant modification to an interim or temporary 

13 United States diplomatic facility shall be subject to 

14 prior consultation with the appropriate congressional 

15 committees and the regular notification procedures 

16 of the Committees on Appropriations, except that 

17 such consultation and notification may be waived if 

18 there is a security risk to personnel. 

19 (f) TRANSFER OF FUNDS AUTHORITY.—Funds ap20 propriated under the heading ‘‘Diplomatic Programs’’, in21 cluding for Worldwide Security Protection, and under the 

22 heading ‘‘Embassy Security, Construction, and Mainte23 nance’’ in this Act may be transferred to, and merged 

24 with, funds appropriated under such headings if the Sec25 retary of State determines and reports to the Committees 


pbinns on DSK79D2C42PROD with BILLS
784 

HR 21 PCS 

1 on Appropriations that to do so is necessary to implement 

2 the recommendations of the Benghazi Accountability Re3 view Board, or to prevent or respond to security situations 

4 and requirements, following consultation with, and subject 

5 to the regular notification procedures of, such Committees: 

6 Provided, That such transfer authority is in addition to 

7 any transfer authority otherwise available under any other 

8 provision of law. 

9 (g) SOFT TARGETS.—Funds appropriated by this Act 

10 under the heading ‘‘Embassy Security, Construction, and 

11 Maintenance’’ may be made available for security up12 grades to soft targets, including schools, recreational fa13 cilities, and residences used by United States diplomatic 

14 personnel and their dependents, except that the amount 

15 made available for such purposes shall be a minimum of 

16 $10,000,000. 

17 (h) SECURE RESUPPLY AND MAINTENANCE.—The 

18 Secretary of State may not grant final approval for the 

19 construction of a new facility or substantial construction 

20 to improve or expand an existing facility in the United 

21 States by or for the Government of the People’s Republic 

22 of China until the Secretary certifies and reports to the 

23 appropriate congressional committees that an agreement 

24 has been concluded between the Governments of the 

25 United States and the People’s Republic of China that 


pbinns on DSK79D2C42PROD with BILLS
785 

HR 21 PCS 

1 permits secure resupply, maintenance, and new construc2 tion of United States Government facilities in the People’s 

3 Republic of China. 

4 (i) NEW EMBASSY COMPOUND KINSHASA.—Of the 

5 funds appropriated by this Act under the heading ‘‘Peace6 keeping Operations’’ that are made available for the cen7 tral Government of the Democratic Republic of the Congo, 

8 25 percent shall be withheld from obligation until the Sec9 retary of State certifies and reports to the Committees on 

10 Appropriations that such Government has fully vacated 

11 the property purchased by the United States in Kinshasa 

12 for the construction of a New Embassy Compound. 

13 PERSONNEL ACTIONS

14 SEC. 7005. Any costs incurred by a department or 

15 agency funded under title I of this Act resulting from per16 sonnel actions taken in response to funding reductions in17 cluded in this Act shall be absorbed within the total budg18 etary resources available under title I to such department 

19 or agency: Provided, That the authority to transfer funds 

20 between appropriations accounts as may be necessary to 

21 carry out this section is provided in addition to authorities 

22 included elsewhere in this Act: Provided further, That use 

23 of funds to carry out this section shall be treated as a 

24 reprogramming of funds under section 7015 of this Act. 


pbinns on DSK79D2C42PROD with BILLS
786 

HR 21 PCS 

1 DEPARTMENT OF STATE MANAGEMENT

2 SEC. 7006. (a) FINANCIAL SYSTEMS IMPROVE3 MENT.—Funds appropriated by this Act for the operations 

4 of the Department of State under the headings ‘‘Diplo5 matic Programs’’ and ‘‘Capital Investment Fund’’ shall be 

6 made available to implement the recommendations con7 tained in the Foreign Assistance Data Review Findings 

8 Report (FADR) and the Office of Inspector General (OIG) 

9 report entitled ‘‘Department Financial Systems Are Insuf10 ficient to Track and Report on Foreign Assistance 

11 Funds’’: Provided, That not later than 45 days after en12 actment of this Act, the Secretary of State shall submit 

13 to the Committees on Appropriations an update to the 

14 plan required under section 7006 of the Department of 

15 State, Foreign Operations, and Related Programs Appro16 priations Act, 2017 (division J of Public Law 115–31) for 

17 implementing the FADR and OIG recommendations: Pro18 vided further, That such funds may not be obligated for 

19 enhancements to, or expansions of, the Budget System 

20 Modernization Financial System, Central Resource Man21 agement System, Joint Financial Management System, or 

22 Foreign Assistance Coordination and Tracking System 

23 until such updated plan is submitted to the Committees 

24 on Appropriations: Provided further, That such funds may 

25 not be obligated for new, or expansion of existing, ad hoc 


pbinns on DSK79D2C42PROD with BILLS
787 

HR 21 PCS 

1 electronic systems to track commitments, obligations, or 

2 expenditures of funds unless the Secretary of State, fol3 lowing consultation with the Chief Information Officer of 

4 the Department of State, has reviewed and certified that 

5 such new system or expansion is consistent with the 

6 FADR and OIG recommendations. 

7 (b) WORKING CAPITAL FUND.—Funds appropriated 

8 by this Act or otherwise made available to the Department 

9 of State for payments to the Working Capital Fund may 

10 only be used for the service centers included in the Con11 gressional Budget Justification, Department of State, 

12 Foreign Operations, and Related Programs, Fiscal Year 

13 2019: Provided, That the amounts for such service centers 

14 shall be the amounts included in such budget justification, 

15 except as provided in section 7015(b) of this Act: Provided 

16 further, That Federal agency components shall be charged 

17 only for their direct usage of each Working Capital Fund 

18 service: Provided further, That prior to increasing the per19 centage charged to Department of State bureaus and of20 fices for procurement-related activities, the Secretary of 

21 State shall include the proposed increase in the Depart22 ment of State budget justification or, at least 60 days 

23 prior to the increase, provide the Committees on Appro24 priations a justification for such increase, including a de25 tailed assessment of the cost and benefit of the services 


pbinns on DSK79D2C42PROD with BILLS
788 

HR 21 PCS 

1 provided by the procurement fee: Provided further, That 

2 Federal agency components may only pay for Working 

3 Capital Fund services that are consistent with the purpose 

4 and authorities of such components: Provided further, 

5 That the Working Capital Fund shall be paid in advance 

6 or reimbursed at rates which will return the full cost of 

7 each service. 

8 (c) CERTIFICATION.— 

9 (1) Not later than 45 days after the initial obli10 gation of funds appropriated under titles III and IV 

11 of this Act that are made available to a Department 

12 of State bureau or office with responsibility for the 

13 management and oversight of such funds, the Sec14 retary of State shall certify and report to the Com15 mittees on Appropriations, on an individual bureau 

16 or office basis, that such bureau or office is in com17 pliance with Department and Federal financial and 

18 grants management policies, procedures, and regula19 tions, as applicable. 

20 (2) When making a certification required by 

21 paragraph (1), the Secretary of State shall consider 

22 the capacity of a bureau or office to— 

23 (A) account for the obligated funds at the 

24 country and program level, as appropriate; 


pbinns on DSK79D2C42PROD with BILLS
789 

HR 21 PCS 

1 (B) identify risks and develop mitigation 

2 and monitoring plans; 

3 (C) establish performance measures and 

4 indicators; 

5 (D) review activities and performance; and 

6 (E) assess final results and reconcile fi7 nances. 

8 (3) If the Secretary of State is unable to make 

9 a certification required by paragraph (1), the Sec10 retary shall submit a plan and timeline detailing the 

11 steps to be taken to bring such bureau or office into 

12 compliance. 

13 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

14 COUNTRIES

15 SEC. 7007. None of the funds appropriated or other16 wise made available pursuant to titles III through VI of 

17 this Act shall be obligated or expended to finance directly 

18 any assistance or reparations for the governments of 

19 Cuba, North Korea, Iran, or Syria: Provided, That for 

20 purposes of this section, the prohibition on obligations or 

21 expenditures shall include direct loans, credits, insurance, 

22 and guarantees of the Export-Import Bank or its agents. 

23 COUPS D’E ́TAT

24 SEC. 7008. None of the funds appropriated or other25 wise made available pursuant to titles III through VI of 


pbinns on DSK79D2C42PROD with BILLS
790 

HR 21 PCS 

1 this Act shall be obligated or expended to finance directly 

2 any assistance to the government of any country whose 

3 duly elected head of government is deposed by military 

4 coup d’e ́tat or decree or, after the date of enactment of 

5 this Act, a coup d’e ́tat or decree in which the military 

6 plays a decisive role: Provided, That assistance may be re7 sumed to such government if the Secretary of State cer8 tifies and reports to the appropriate congressional commit9 tees that subsequent to the termination of assistance a 

10 democratically elected government has taken office: Pro11 vided further, That the provisions of this section shall not 

12 apply to assistance to promote democratic elections or 

13 public participation in democratic processes: Provided fur14 ther, That funds made available pursuant to the previous 

15 provisos shall be subject to the regular notification proce16 dures of the Committees on Appropriations. 

17 TRANSFER OF FUNDS AUTHORITY

18 SEC. 7009. (a) DEPARTMENT OF STATE AND BROAD19 CASTING BOARD OF GOVERNORS.— 

20 (1) DEPARTMENT OF STATE.—Not to exceed 5 

21 percent of any appropriation made available for the 

22 current fiscal year for the Department of State 

23 under title I of this Act may be transferred between, 

24 and merged with, such appropriations, but no such 

25 appropriation, except as otherwise specifically proVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00790 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
791 

HR 21 PCS 

1 vided, shall be increased by more than 10 percent by 

2 any such transfers, and no such transfer may be 

3 made to increase the appropriation under the head4 ing ‘‘Representation Expenses’’. 

5 (2) BROADCASTING BOARD OF GOVERNORS.— 

6 Not to exceed 5 percent of any appropriation made 

7 available for the current fiscal year for the Broad8 casting Board of Governors under title I of this Act 

9 may be transferred between, and merged with, such 

10 appropriations, but no such appropriation, except as 

11 otherwise specifically provided, shall be increased by 

12 more than 10 percent by any such transfers. 

13 (3) TREATMENT AS REPROGRAMMING.—Any 

14 transfer pursuant to this subsection shall be treated 

15 as a reprogramming of funds under section 7015 of 

16 this Act and shall not be available for obligation or 

17 expenditure except in compliance with the proce18 dures set forth in that section. 

19 (b) TITLE VI AGENCIES.—Not to exceed 5 percent 

20 of any appropriation, other than for administrative ex21 penses made available for fiscal year 2019, for programs 

22 under title VI of this Act may be transferred between such 

23 appropriations for use for any of the purposes, programs, 

24 and activities for which the funds in such receiving ac25 count may be used, but no such appropriation, except as 


pbinns on DSK79D2C42PROD with BILLS
792 

HR 21 PCS 

1 otherwise specifically provided, shall be increased by more 

2 than 25 percent by any such transfer: Provided, That the 

3 exercise of such authority shall be subject to the regular 

4 notification procedures of the Committees on Appropria5 tions. 

6 (c) LIMITATION ON TRANSFERS OF FUNDS BE7 TWEEN AGENCIES.— 

8 (1) IN GENERAL.—None of the funds made 

9 available under titles II through V of this Act may 

10 be transferred to any department, agency, or instru11 mentality of the United States Government, except 

12 pursuant to a transfer made by, or transfer author13 ity provided in, this Act or any other appropriations 

14 Act. 

15 (2) ALLOCATION AND TRANSFERS.—Notwith16 standing paragraph (1), in addition to transfers 

17 made by, or authorized elsewhere in, this Act, funds 

18 appropriated by this Act to carry out the purposes 

19 of the Foreign Assistance Act of 1961 may be allo20 cated or transferred to agencies of the United States 

21 Government pursuant to the provisions of sections 

22 109, 610, and 632 of the Foreign Assistance Act of 

23 1961. 

24 (3) NOTIFICATION.—Any agreement entered 

25 into by the United States Agency for International 


pbinns on DSK79D2C42PROD with BILLS
793 

HR 21 PCS 

1 Development or the Department of State with any 

2 department, agency, or instrumentality of the United 

3 States Government pursuant to section 632(b) of the 

4 Foreign Assistance Act of 1961 valued in excess of 

5 $1,000,000 and any agreement made pursuant to 

6 section 632(a) of such Act, with funds appropriated 

7 by this Act or prior Acts making appropriations for 

8 the Department of State, foreign operations, and re9 lated programs under the headings ‘‘Global Health 

10 Programs’’, ‘‘Development Assistance’’, ‘‘Economic 

11 Support Fund’’, and ‘‘Assistance for Europe, Eur12 asia and Central Asia’’ shall be subject to the reg13 ular notification procedures of the Committees on 

14 Appropriations: Provided, That the requirement in 

15 the previous sentence shall not apply to agreements 

16 entered into between USAID and the Department of 

17 State. 

18 (d) TRANSFER OF FUNDS BETWEEN ACCOUNTS.— 

19 None of the funds made available under titles II through 

20 V of this Act may be obligated under an appropriations 

21 account to which such funds were not appropriated, except 

22 for transfers specifically provided for in this Act, unless 

23 the President, not less than 5 days prior to the exercise 

24 of any authority contained in the Foreign Assistance Act 

25 of 1961 to transfer funds, consults with and provides a 


pbinns on DSK79D2C42PROD with BILLS
794 

HR 21 PCS 

1 written policy justification to the Committees on Appro2 priations. 

3 (e) AUDIT OF INTER-AGENCY TRANSFERS OF

4 FUNDS.—Any agreement for the transfer or allocation of 

5 funds appropriated by this Act or prior Acts making ap6 propriations for the Department of State, foreign oper7 ations and related programs, entered into between the De8 partment of State or USAID and another agency of the 

9 United States Government under the authority of section 

10 632(a) of the Foreign Assistance Act of 1961 or any com11 parable provision of law, shall expressly provide that the 

12 Inspector General (IG) for the agency receiving the trans13 fer or allocation of such funds, or other entity with audit 

14 responsibility if the receiving agency does not have an IG, 

15 shall perform periodic program and financial audits of the 

16 use of such funds and report to the Department of State 

17 or USAID, as appropriate, upon completion of such au18 dits: Provided, That such audits shall be transmitted to 

19 the Committees on Appropriations by the Department of 

20 State or USAID, as appropriate: Provided further, That 

21 funds transferred under such authority may be made 

22 available for the cost of such audits. 

23 PROHIBITION ON CERTAIN OPERATIONAL EXPENSES

24 SEC. 7010. (a) FIRST-CLASS TRAVEL.—None of the 

25 funds made available by this Act may be used for firstVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00794 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
795 

HR 21 PCS 

1 class travel by employees of United States Government de2 partments and agencies funded by this Act in contraven3 tion of section 301–10.122 through 301–10.124 of title 

4 41, Code of Federal Regulations. 

5 (b) COMPUTER NETWORKS.—None of the funds 

6 made available by this Act for the operating expenses of 

7 any United States Government department or agency may 

8 be used to establish or maintain a computer network for 

9 use by such department or agency unless such network 

10 has filters designed to block access to sexually explicit 

11 websites: Provided, That nothing in this subsection shall 

12 limit the use of funds necessary for any Federal, State, 

13 tribal, or local law enforcement agency, or any other entity 

14 carrying out the following activities: criminal investiga15 tions, prosecutions, and adjudications; administrative dis16 cipline; and the monitoring of such websites undertaken 

17 as part of official business. 

18 AVAILABILITY OF FUNDS

19 SEC. 7011. No part of any appropriation contained 

20 in this Act shall remain available for obligation after the 

21 expiration of the current fiscal year unless expressly so 

22 provided by this Act: Provided, That funds appropriated 

23 for the purposes of chapters 1 and 8 of part I, section 

24 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign 

25 Assistance Act of 1961, section 23 of the Arms Export 


pbinns on DSK79D2C42PROD with BILLS
796 

HR 21 PCS 

1 Control Act, and funds provided under the headings ‘‘De2 velopment Credit Authority’’ and ‘‘Assistance for Europe, 

3 Eurasia and Central Asia’’ shall remain available for an 

4 additional 4 years from the date on which the availability 

5 of such funds would otherwise have expired, if such funds 

6 are initially obligated before the expiration of their respec7 tive periods of availability contained in this Act: Provided 

8 further, That the availability of funds pursuant to the pre9 vious proviso shall not be applicable to such funds until 

10 the Secretary of State submits the report required under 

11 section 7011 of the Department of State, Foreign Oper12 ations, and Related Programs Appropriations Act, 2018 

13 (division K of Public Law 115–141): Provided further, 

14 That notwithstanding any other provision of this Act, any 

15 funds made available for the purposes of chapter 1 of part 

16 I and chapter 4 of part II of the Foreign Assistance Act 

17 of 1961 which are allocated or obligated for cash disburse18 ments in order to address balance of payments or eco19 nomic policy reform objectives, shall remain available for 

20 an additional 4 years from the date on which the avail21 ability of such funds would otherwise have expired, if such 

22 funds are initially allocated or obligated before the expira23 tion of their respective periods of availability contained in 

24 this Act: Provided further, That the Secretary of State 

25 shall provide a report to the Committees on AppropriaVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00796 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
797 

HR 21 PCS 

1 tions not later than October 30, 2019, detailing by ac2 count and source year, the use of this authority during 

3 the previous fiscal year. 

4 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

5 SEC. 7012. No part of any appropriation provided 

6 under titles III through VI in this Act shall be used to 

7 furnish assistance to the government of any country which 

8 is in default during a period in excess of 1 calendar year 

9 in payment to the United States of principal or interest 

10 on any loan made to the government of such country by 

11 the United States pursuant to a program for which funds 

12 are appropriated under this Act unless the President de13 termines, following consultation with the Committees on 

14 Appropriations, that assistance for such country is in the 

15 national interest of the United States. 

16 PROHIBITION ON TAXATION OF UNITED STATES

17 ASSISTANCE

18 SEC. 7013. (a) PROHIBITION ON TAXATION.—None 

19 of the funds appropriated under titles III through VI of 

20 this Act may be made available to provide assistance for 

21 a foreign country under a new bilateral agreement gov22 erning the terms and conditions under which such assist23 ance is to be provided unless such agreement includes a 

24 provision stating that assistance provided by the United 

25 States shall be exempt from taxation, or reimbursed, by 


pbinns on DSK79D2C42PROD with BILLS
798 

HR 21 PCS 

1 the foreign government, and the Secretary of State and 

2 the Administrator of the United States Agency for Inter3 national Development shall expeditiously seek to negotiate 

4 amendments to existing bilateral agreements, as nec5 essary, to conform with this requirement. 

6 (b) NOTIFICATION AND REIMBURSEMENT OF FOR7 EIGN TAXES.—An amount equivalent to 200 percent of 

8 the total taxes assessed during fiscal year 2019 on funds 

9 appropriated by this Act and prior Acts making appropria10 tions for the Department of State, foreign operations, and 

11 related programs by a foreign government or entity 

12 against United States assistance programs, either directly 

13 or through grantees, contractors, and subcontractors, shall 

14 be withheld from obligation from funds appropriated for 

15 assistance for fiscal year 2020 and for prior fiscal years 

16 and allocated for the central government of such country 

17 or for the West Bank and Gaza program, as applicable, 

18 if, not later than September 30, 2020, such taxes have 

19 not been reimbursed: Provided, That the Secretary of 

20 State shall report to the Committees on Appropriations 

21 by such date on the foreign governments and entities that 

22 have not reimbursed such taxes, including any amount of 

23 funds withheld pursuant to this subsection. 


pbinns on DSK79D2C42PROD with BILLS
799 

HR 21 PCS 

1 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 

2 minimis nature shall not be subject to the provisions of 

3 subsection (b). 

4 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

5 from obligation for each foreign government or entity pur6 suant to subsection (b) shall be reprogrammed for assist7 ance for countries which do not assess taxes on United 

8 States assistance or which have an effective arrangement 

9 that is providing substantial reimbursement of such taxes, 

10 and that can reasonably accommodate such assistance in 

11 a programmatically responsible manner. 

12 (e) DETERMINATIONS.— 

13 (1) IN GENERAL.—The provisions of this sec14 tion shall not apply to any foreign government or en15 tity that assesses such taxes if the Secretary of 

16 State reports to the Committees on Appropriations 

17 that— 

18 (A) such foreign government or entity has 

19 an effective arrangement that is providing sub20 stantial reimbursement of such taxes; or 

21 (B) the foreign policy interests of the 

22 United States outweigh the purpose of this sec23 tion to ensure that United States assistance is 

24 not subject to taxation. 


pbinns on DSK79D2C42PROD with BILLS
800 

HR 21 PCS 

1 (2) CONSULTATION.—The Secretary of State 

2 shall consult with the Committees on Appropriations 

3 at least 15 days prior to exercising the authority of 

4 this subsection with regard to any foreign govern5 ment or entity. 

6 (f) IMPLEMENTATION.—The Secretary of State shall 

7 issue and update rules, regulations, or policy guidance, as 

8 appropriate, to implement the prohibition against the tax9 ation of assistance contained in this section. 

10 (g) DEFINITIONS.—As used in this section: 

11 (1) BILATERAL AGREEMENT.—The term ‘‘bilat12 eral agreement’’ refers to a framework bilateral 

13 agreement between the Government of the United 

14 States and the government of the country receiving 

15 assistance that describes the privileges and immuni16 ties applicable to United States foreign assistance 

17 for such country generally, or an individual agree18 ment between the Government of the United States 

19 and such government that describes, among other 

20 things, the treatment for tax purposes that will be 

21 accorded the United States assistance provided 

22 under that agreement. 

23 (2) TAXES AND TAXATION.—The term ‘‘taxes 

24 and taxation’’ shall include value added taxes and 


pbinns on DSK79D2C42PROD with BILLS
801 

HR 21 PCS 

1 customs duties but shall not include individual in2 come taxes assessed to local staff. 

3 RESERVATIONS OF FUNDS

4 SEC. 7014. (a) REPROGRAMMING.—Funds appro5 priated under titles III through VI of this Act which are 

6 specifically designated may be reprogrammed for other 

7 programs within the same account notwithstanding the 

8 designation if compliance with the designation is made im9 possible by operation of any provision of this or any other 

10 Act: Provided, That any such reprogramming shall be sub11 ject to the regular notification procedures of the Commit12 tees on Appropriations: Provided further, That assistance 

13 that is reprogrammed pursuant to this subsection shall be 

14 made available under the same terms and conditions as 

15 originally provided. 

16 (b) EXTENSION OF AVAILABILITY.—In addition to 

17 the authority contained in subsection (a), the original pe18 riod of availability of funds appropriated by this Act and 

19 administered by the Department of State or the United 

20 States Agency for International Development that are spe21 cifically designated for particular programs or activities by 

22 this or any other Act may be extended for an additional 

23 fiscal year if the Secretary of State or the USAID Admin24 istrator, as appropriate, determines and reports promptly 

25 to the Committees on Appropriations that the termination 


pbinns on DSK79D2C42PROD with BILLS
802 

HR 21 PCS 

1 of assistance to a country or a significant change in cir2 cumstances makes it unlikely that such designated funds 

3 can be obligated during the original period of availability: 

4 Provided, That such designated funds that continue to be 

5 available for an additional fiscal year shall be obligated 

6 only for the purpose of such designation. 

7 (c) OTHER ACTS.—Ceilings and specifically des8 ignated funding levels contained in this Act shall not be 

9 applicable to funds or authorities appropriated or other10 wise made available by any subsequent Act unless such 

11 Act specifically so directs: Provided, That specifically des12 ignated funding levels or minimum funding requirements 

13 contained in any other Act shall not be applicable to funds 

14 appropriated by this Act. 

15 NOTIFICATION REQUIREMENTS

16 SEC. 7015. (a) NOTIFICATION OF CHANGES IN PRO17 GRAMS, PROJECTS, AND ACTIVITIES.—None of the funds 

18 made available in titles I and II of this Act or prior Acts 

19 making appropriations for the Department of State, for20 eign operations, and related programs to the departments 

21 and agencies funded by this Act that remain available for 

22 obligation in fiscal year 2019, or provided from any ac23 counts in the Treasury of the United States derived by 

24 the collection of fees or of currency reflows or other offset25 ting collections, or made available by transfer, to the deVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00802 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
803 

HR 21 PCS 

1 partments and agencies funded by this Act, shall be avail2 able for obligation to— 

3 (1) create new programs; 

4 (2) suspend or eliminate a program, project, or 

5 activity; 

6 (3) close, suspend, open, or reopen a mission or 

7 post; 

8 (4) create, close, reorganize, downsize, or re9 name bureaus, centers, or offices; or 

10 (5) contract out or privatize any functions or 

11 activities presently performed by Federal employees; 

12 unless previously justified to the Committees on Appro13 priations or such Committees are notified 15 days in ad14 vance of such obligation. 

15 (b) NOTIFICATION OF REPROGRAMMING OF

16 FUNDS.—None of the funds provided under titles I and 

17 II of this Act or prior Acts making appropriations for the 

18 Department of State, foreign operations, and related pro19 grams, to the departments and agencies funded under ti20 tles I and II of this Act that remain available for obliga21 tion in fiscal year 2019, or provided from any accounts 

22 in the Treasury of the United States derived by the collec23 tion of fees available to the department and agency funded 

24 under title I of this Act, shall be available for obligation 

25 or expenditure for activities, programs, or projects 


pbinns on DSK79D2C42PROD with BILLS
804 

HR 21 PCS 

1 through a reprogramming of funds in excess of 

2 $1,000,000 or 10 percent, whichever is less, that— 

3 (1) augments or changes existing programs, 

4 projects, or activities; 

5 (2) relocates an existing office or employees; 

6 (3) reduces by 10 percent funding for any exist7 ing program, project, or activity, or numbers of per8 sonnel by 10 percent as approved by Congress; or 

9 (4) results from any general savings, including 

10 savings from a reduction in personnel, which would 

11 result in a change in existing programs, activities, or 

12 projects as approved by Congress; 

13 unless the Committees on Appropriations are notified 15 

14 days in advance of such reprogramming of funds. 

15 (c) NOTIFICATION REQUIREMENT.—None of the 

16 funds made available by this Act under the headings 

17 ‘‘Global Health Programs’’, ‘‘Development Assistance’’, 

18 ‘‘International Organizations and Programs’’, ‘‘Trade and 

19 Development Agency’’, ‘‘International Narcotics Control 

20 and Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘De21 mocracy Fund’’, ‘‘Assistance for Europe, Eurasia and 

22 Central Asia’’, ‘‘Peacekeeping Operations’’, ‘‘Non23 proliferation, Anti-terrorism, Demining and Related Pro24 grams’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign 

25 Military Financing Program’’, ‘‘International Military 


pbinns on DSK79D2C42PROD with BILLS
805 

HR 21 PCS 

1 Education and Training’’, and ‘‘Peace Corps’’, shall be 

2 available for obligation for activities, programs, projects, 

3 type of materiel assistance, countries, or other operations 

4 not justified or in excess of the amount justified to the 

5 Committees on Appropriations for obligation under any of 

6 these specific headings unless the Committees on Appro7 priations are notified 15 days in advance of such obliga8 tion: Provided, That the President shall not enter into any 

9 commitment of funds appropriated for the purposes of sec10 tion 23 of the Arms Export Control Act for the provision 

11 of major defense equipment, other than conventional am12 munition, or other major defense items defined to be air13 craft, ships, missiles, or combat vehicles, not previously 

14 justified to Congress or 20 percent in excess of the quan15 tities justified to Congress unless the Committees on Ap16 propriations are notified 15 days in advance of such com17 mitment: Provided further, That requirements of this sub18 section or any similar provision of this or any other Act 

19 shall not apply to any reprogramming for an activity, pro20 gram, or project for which funds are appropriated under 

21 titles III through VI of this Act of less than 10 percent 

22 of the amount previously justified to Congress for obliga23 tion for such activity, program, or project for the current 

24 fiscal year: Provided further, That any notification sub25 mitted pursuant to subsection (f) of this section shall inVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00805 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
806 

HR 21 PCS 

1 clude information (if known on the date of transmittal of 

2 such notification) on the use of notwithstanding authority: 

3 Provided further, That if subsequent to the notification of 

4 assistance it becomes necessary to rely on notwithstanding 

5 authority, the Committees on Appropriations should be in6 formed at the earliest opportunity and to the extent prac7 ticable. 

8 (d) DEPARTMENT OF DEFENSE PROGRAMS AND

9 FUNDING NOTIFICATIONS.— 

10 (1) PROGRAMS.—None of the funds appro11 priated by this Act or prior Acts making appropria12 tions for the Department of State, foreign oper13 ations, and related programs may be made available 

14 to support or continue any program initially funded 

15 under any authority of title 10, United States Code, 

16 or any Act making or authorizing appropriations for 

17 the Department of Defense, unless the Secretary of 

18 State, in consultation with the Secretary of Defense 

19 and in accordance with the regular notification pro20 cedures of the Committees on Appropriations, sub21 mits a justification to such Committees that includes 

22 a description of, and the estimated costs associated 

23 with, the support or continuation of such program. 

24 (2) FUNDING.—Notwithstanding any other pro25 vision of law, funds transferred by the Department 


pbinns on DSK79D2C42PROD with BILLS
807 

HR 21 PCS 

1 of Defense to the Department of State and the 

2 United States Agency for International Development 

3 for assistance for foreign countries and international 

4 organizations shall be subject to the regular notifica5 tion procedures of the Committees on Appropria6 tions. 

7 (3) NOTIFICATION ON EXCESS DEFENSE EQUIP8 MENT.—Prior to providing excess Department of 

9 Defense articles in accordance with section 516(a) of 

10 the Foreign Assistance Act of 1961, the Department 

11 of Defense shall notify the Committees on Appro12 priations to the same extent and under the same 

13 conditions as other committees pursuant to sub14 section (f) of that section: Provided, That before 

15 issuing a letter of offer to sell excess defense articles 

16 under the Arms Export Control Act, the Department 

17 of Defense shall notify the Committees on Appro18 priations in accordance with the regular notification 

19 procedures of such Committees if such defense arti20 cles are significant military equipment (as defined in 

21 section 47(9) of the Arms Export Control Act) or 

22 are valued (in terms of original acquisition cost) at 

23 $7,000,000 or more, or if notification is required 

24 elsewhere in this Act for the use of appropriated 

25 funds for specific countries that would receive such 


pbinns on DSK79D2C42PROD with BILLS
808 

HR 21 PCS 

1 excess defense articles: Provided further, That such 

2 Committees shall also be informed of the original ac3 quisition cost of such defense articles. 

4 (e) WAIVER.—The requirements of this section or 

5 any similar provision of this Act or any other Act, includ6 ing any prior Act requiring notification in accordance with 

7 the regular notification procedures of the Committees on 

8 Appropriations, may be waived if failure to do so would 

9 pose a substantial risk to human health or welfare: Pro10 vided, That in case of any such waiver, notification to the 

11 Committees on Appropriations shall be provided as early 

12 as practicable, but in no event later than 3 days after tak13 ing the action to which such notification requirement was 

14 applicable, in the context of the circumstances necessi15 tating such waiver: Provided further, That any notification 

16 provided pursuant to such a waiver shall contain an expla17 nation of the emergency circumstances. 

18 (f) COUNTRY NOTIFICATION REQUIREMENTS.—None 

19 of the funds appropriated under titles III through VI of 

20 this Act may be obligated or expended for assistance for 

21 Afghanistan, Bahrain, Burma, Cambodia, Colombia, 

22 Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti, 

23 Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Pakistan, 

24 Philippines, the Russian Federation, Somalia, South 

25 Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, 


pbinns on DSK79D2C42PROD with BILLS
809 

HR 21 PCS 

1 Yemen, and Zimbabwe except as provided through the reg2 ular notification procedures of the Committees on Appro3 priations. 

4 (g) TRUST FUNDS.—Funds appropriated or other5 wise made available in title III of this Act and prior Acts 

6 making funds available for the Department of State, for7 eign operations, and related programs that are made avail8 able for a trust fund held by an international financial 

9 institution shall be subject to the regular notification pro10 cedures of the Committees on Appropriations. 

11 (h) OTHER PROGRAM NOTIFICATION REQUIRE12 MENT.— 

13 (1) DIPLOMATIC PROGRAMS.—Funds appro14 priated under title I of this Act under the heading 

15 ‘‘Diplomatic Programs’’ that are made available for 

16 a pilot program for lateral entry into the Foreign 

17 Service shall be subject to prior consultation with, 

18 and the regular notification procedures of, the Com19 mittees on Appropriations. 

20 (2) OTHER PROGRAMS.—Funds appropriated by 

21 this Act that are made available for the following 

22 programs and activities shall be subject to the reg23 ular notification procedures of the Committees on 

24 Appropriations— 


pbinns on DSK79D2C42PROD with BILLS
810 

HR 21 PCS 

1 (A) The Global Engagement Center, except 

2 that the Secretary of State shall consult with 

3 the appropriate congressional committees prior 

4 to submitting such notification; 

5 (B) The Power Africa initiative, or any 

6 successor program; 

7 (C) Community-based police assistance 

8 conducted pursuant to the authority of section 

9 7049(a)(1) of this Act; 

10 (D) Programs to counter foreign fighters 

11 and extremist organizations, pursuant to sec12 tion 7069(a) of this Act; 

13 (E) The Relief and Recovery Fund; 

14 (F) The Counterterrorism Partnerships 

15 Fund; 

16 (G) The Indo-Pacific Strategy; 

17 (H) The Global Security Contingency 

18 Fund; and 

19 (I) Programs to end modern slavery. 

20 (i) WITHHOLDING OF FUNDS.—Funds appropriated 

21 by this Act under titles III and IV that are withheld from 

22 obligation or otherwise not programmed as a result of ap23 plication of a provision of law in this or any other Act 

24 shall, if reprogrammed, be subject to the regular notifica25 tion procedures of the Committees on Appropriations. 


pbinns on DSK79D2C42PROD with BILLS
811 

HR 21 PCS 

1 (j) REQUIREMENT TO INFORM, COORDINATE, AND

2 CONSULT.— 

3 (1) The Secretary of State shall promptly in4 form the appropriate congressional committees of 

5 each instance in which funds appropriated by this 

6 Act for assistance for Iraq, Libya, Somalia, Syria, 

7 the Counterterrorism Partnership Fund, the Relief 

8 and Recovery Fund, or programs to counter extre9 mism and foreign fighters abroad, have been di10 verted or destroyed, to include the type and amount 

11 of assistance, a description of the incident and par12 ties involved, and an explanation of the response of 

13 the Department of State or USAID, as appropriate: 

14 Provided, That the Secretary shall ensure such 

15 funds are coordinated with, and complement, the 

16 programs of other United States Government de17 partments and agencies and international partners 

18 in such countries and on such activities. 

19 (2) The Secretary of State shall consult with 

20 the Committees on Appropriations at least seven 

21 days prior to informing a government of, or pub22 lically announcing a decision on, the suspension of 

23 assistance to a country or a territory, including as 

24 a result of an interagency review of such assistance, 

25 from funds appropriated by this Act or prior Acts 


pbinns on DSK79D2C42PROD with BILLS
812 

HR 21 PCS 

1 making appropriations for the Department of State, 

2 foreign operations, and related programs. 

3 DOCUMENT REQUESTS, RECORDS MANAGEMENT, AND

4 RELATED CYBERSECURITY PROTECTIONS

5 SEC. 7016. (a) REQUESTS FOR DOCUMENTS.—None 

6 of the funds appropriated or made available pursuant to 

7 titles III through VI of this Act shall be available to a 

8 nongovernmental organization, including any contractor, 

9 which fails to provide upon timely request any document, 

10 file, or record necessary to the auditing requirements of 

11 the Department of State and the United States Agency 

12 for International Development. 

13 (b) RECORDS MANAGEMENT AND RELATED CYBER14 SECURITY PROTECTIONS.— 

15 (1) LIMITATION.—None of the funds appro16 priated by this Act under the headings ‘‘Diplomatic 

17 Programs’’ and ‘‘Capital Investment Fund’’ in title 

18 I, and ‘‘Operating Expenses’’ and ‘‘Capital Invest19 ment Fund’’ in title II that are made available to 

20 the Department of State and USAID may be made 

21 available to support the use or establishment of 

22 email accounts or email servers created outside the 

23 .gov domain or not fitted for automated records 

24 management as part of a Federal government 

25 records management program in contravention of 


pbinns on DSK79D2C42PROD with BILLS
813 

HR 21 PCS 

1 the Presidential and Federal Records Act Amend2 ments of 2014 (Public Law 113–187). 

3 (2) DIRECTIVES.—The Secretary of State and 

4 USAID Administrator shall— 

5 (A) regularly review and update the poli6 cies, directives, and oversight necessary to com7 ply with Federal statutes, regulations, and pres8 idential executive orders and memoranda con9 cerning the preservation of all records made or 

10 received in the conduct of official business, in11 cluding record emails, instant messaging, and 

12 other online tools; 

13 (B) use funds appropriated by this Act 

14 under the headings ‘‘Diplomatic Programs’’ and 

15 ‘‘Capital Investment Fund’’ in title I, and ‘‘Op16 erating Expenses’’ and ‘‘Capital Investment 

17 Fund’’ in title II, as appropriate, to improve 

18 Federal records management pursuant to the 

19 Federal Records Act (44 U.S.C. Chapters 21, 

20 29, 31, and 33) and other applicable Federal 

21 records management statutes, regulations, or 

22 policies for the Department of State and 

23 USAID; 

24 (C) direct departing employees that all 

25 Federal records generated by such employees, 


pbinns on DSK79D2C42PROD with BILLS
814 

HR 21 PCS 

1 including senior officials, belong to the Federal 

2 Government; 

3 (D) improve the response time for identi4 fying and retrieving Federal records, including 

5 requests made pursuant to section 552 of title 

6 5, United States Code (commonly known as the 

7 ‘‘Freedom of Information Act’’); and 

8 (E) strengthen cyber security measures to 

9 mitigate vulnerabilities, including those result10 ing from the use of personal email accounts or 

11 servers outside the .gov domain, improve the 

12 process to identify and remove inactive user ac13 counts, update and enforce guidance related to 

14 the control of national security information, and 

15 implement the recommendations of the applica16 ble reports of the cognizant Office of Inspector 

17 General. 

18 USE OF FUNDS IN CONTRAVENTION OF THIS ACT

19 SEC. 7017. If the President makes a determination 

20 not to comply with any provision of this Act on constitu21 tional grounds, the head of the relevant Federal agency 

22 shall notify the Committees on Appropriations in writing 

23 within 5 days of such determination, the basis for such 

24 determination and any resulting changes to program and 

25 policy. 


pbinns on DSK79D2C42PROD with BILLS
815 

HR 21 PCS 

1 PROHIBITION ON FUNDING FOR ABORTIONS AND

2 INVOLUNTARY STERILIZATION

3 SEC. 7018. None of the funds made available to carry 

4 out part I of the Foreign Assistance Act of 1961, as 

5 amended, may be used to pay for the performance of abor6 tions as a method of family planning or to motivate or 

7 coerce any person to practice abortions. None of the funds 

8 made available to carry out part I of the Foreign Assist9 ance Act of 1961, as amended, may be used to pay for 

10 the performance of involuntary sterilization as a method 

11 of family planning or to coerce or provide any financial 

12 incentive to any person to undergo sterilizations. None of 

13 the funds made available to carry out part I of the Foreign 

14 Assistance Act of 1961, as amended, may be used to pay 

15 for any biomedical research which relates in whole or in 

16 part, to methods of, or the performance of, abortions or 

17 involuntary sterilization as a means of family planning. 

18 None of the funds made available to carry out part I of 

19 the Foreign Assistance Act of 1961, as amended, may be 

20 obligated or expended for any country or organization if 

21 the President certifies that the use of these funds by any 

22 such country or organization would violate any of the 

23 above provisions related to abortions and involuntary steri24 lizations. 


pbinns on DSK79D2C42PROD with BILLS
816 

HR 21 PCS 

1 ALLOCATIONS AND REPORTS

2 SEC. 7019. (a) ALLOCATION TABLES.—Subject to 

3 subsection (b), funds appropriated by this Act under titles 

4 III through V shall be made available in the amounts spe5 cifically designated in the respective tables included in the 

6 explanatory statement described in section 3 (in the mat7 ter preceding division A of this consolidated Act): Pro8 vided, That such designated amounts for foreign countries 

9 and international organizations shall serve as the amounts 

10 for such countries and international organizations trans11 mitted to Congress in the report required by section 

12 653(a) of the Foreign Assistance Act of 1961. 

13 (b) AUTHORIZED DEVIATIONS.—Unless otherwise 

14 provided for by this Act, the Secretary of State and the 

15 Administrator of the United States Agency for Inter16 national Development, as applicable, may only deviate up 

17 to 5 percent from the amounts specifically designated in 

18 the respective tables included in the explanatory statement 

19 described in section 3 (in the matter preceding division 

20 A of this consolidated Act): Provided, That such percent21 age may be exceeded only to respond to significant, exi22 gent, or unforeseen events, or to address other exceptional 

23 circumstances directly related to the national interest: 

24 Provided further, That deviations pursuant to the previous 

25 proviso shall be subject to prior consultation with, and the 


pbinns on DSK79D2C42PROD with BILLS
817 

HR 21 PCS 

1 regular notification procedures of, the Committees on Ap2 propriations. 

3 (c) LIMITATION.—For specifically designated 

4 amounts that are included, pursuant to subsection (a), in 

5 the report required by section 653(a) of the Foreign As6 sistance Act of 1961, no deviations authorized by sub7 section (b) may take place until submission of such report. 

8 (d) EXCEPTIONS.—Subsections (a) and (b) shall not 

9 apply to— 

10 (1) funds for which the initial period of avail11 ability has expired; 

12 (2) amounts designated by this Act as min13 imum or maximum funding requirements; 

14 (3) funds made available for a country pursuant 

15 to section 7043(c) of this Act; and 

16 (4) funds made available by this Act under the 

17 heading ‘‘Foreign Military Financing Program’’ that 

18 are made available for assistance for Pakistan. 

19 (e) REPORTS.—The Secretary of State and the 

20 USAID Administrator, as appropriate, shall submit the 

21 reports required, in the manner described, in the report 

22 accompanying this Act. 

23 REPRESENTATION AND ENTERTAINMENT EXPENSES

24 SEC. 7020. (a) USES OF FUNDS.—Each Federal de25 partment, agency, or entity funded in titles I or II of this 


pbinns on DSK79D2C42PROD with BILLS
818 

HR 21 PCS 

1 Act, and the Department of the Treasury and independent 

2 agencies funded in titles III or VI of this Act, shall take 

3 steps to ensure that domestic and overseas representation 

4 and entertainment expenses further official agency busi5 ness and United States foreign policy interests, and— 

6 (1) are primarily for fostering relations outside 

7 of the Executive Branch; 

8 (2) are principally for meals and events of a 

9 protocol nature; 

10 (3) are not for employee-only events; and 

11 (4) do not include activities that are substan12 tially of a recreational character. 

13 (b) LIMITATIONS.—None of the funds appropriated 

14 or otherwise made available by this Act under the head15 ings ‘‘International Military Education and Training’’ or 

16 ‘‘Foreign Military Financing Program’’ for Informational 

17 Program activities or under the headings ‘‘Global Health 

18 Programs’’, ‘‘Development Assistance’’, ‘‘Economic Sup19 port Fund’’, and ‘‘Assistance for Europe, Eurasia and 

20 Central Asia’’ may be obligated or expended to pay for— 

21 (1) alcoholic beverages; or 

22 (2) entertainment expenses for activities that 

23 are substantially of a recreational character, includ24 ing entrance fees at sporting events, theatrical and 

25 musical productions, and amusement parks. 


pbinns on DSK79D2C42PROD with BILLS
819 

HR 21 PCS 

1 PROHIBITION ON ASSISTANCE TO GOVERNMENTS

2 SUPPORTING INTERNATIONAL TERRORISM

3 SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EX4 PORTS.— 

5 (1) PROHIBITION.—None of the funds appro6 priated or otherwise made available under titles III 

7 through VI of this Act may be made available to any 

8 foreign government which provides lethal military 

9 equipment to a country the government of which the 

10 Secretary of State has determined supports inter11 national terrorism for purposes of section 6(j) of the 

12 Export Administration Act of 1979 as continued in 

13 effect pursuant to the International Emergency Eco14 nomic Powers Act: Provided, That the prohibition 

15 under this section with respect to a foreign govern16 ment shall terminate 12 months after that govern17 ment ceases to provide such military equipment: 

18 Provided further, That this section applies with re19 spect to lethal military equipment provided under a 

20 contract entered into after October 1, 1997. 

21 (2) DETERMINATION.—Assistance restricted by 

22 paragraph (1) or any other similar provision of law, 

23 may be furnished if the President determines that to 

24 do so is important to the national interest of the 

25 United States. 


pbinns on DSK79D2C42PROD with BILLS
820 

HR 21 PCS 

1 (3) REPORT.—Whenever the President makes a 

2 determination pursuant to paragraph (2), the Presi3 dent shall submit to the Committees on Appropria4 tions a report with respect to the furnishing of such 

5 assistance, including a detailed explanation of the 

6 assistance to be provided, the estimated dollar 

7 amount of such assistance, and an explanation of 

8 how the assistance furthers United States national 

9 interest. 

10 (b) BILATERAL ASSISTANCE.— 

11 (1) LIMITATIONS.—Funds appropriated for bi12 lateral assistance in titles III through VI of this Act 

13 and funds appropriated under any such title in prior 

14 Acts making appropriations for the Department of 

15 State, foreign operations, and related programs, 

16 shall not be made available to any foreign govern17 ment which the President determines— 

18 (A) grants sanctuary from prosecution to 

19 any individual or group which has committed 

20 an act of international terrorism; 

21 (B) otherwise supports international ter22 rorism; or 

23 (C) is controlled by an organization des24 ignated as a terrorist organization under secVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00820 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
821 

HR 21 PCS 

1 tion 219 of the Immigration and Nationality 

2 Act (8 U.S.C. 1189). 

3 (2) WAIVER.—The President may waive the ap4 plication of paragraph (1) to a government if the 

5 President determines that national security or hu6 manitarian reasons justify such waiver: Provided, 

7 That the President shall publish each such waiver in 

8 the Federal Register and, at least 15 days before the 

9 waiver takes effect, shall notify the Committees on 

10 Appropriations of the waiver (including the justifica11 tion for the waiver) in accordance with the regular 

12 notification procedures of the Committees on Appro13 priations. 

14 AUTHORIZATION REQUIREMENTS

15 SEC. 7022. Funds appropriated by this Act, except 

16 funds appropriated under the heading ‘‘Trade and Devel17 opment Agency’’, may be obligated and expended notwith18 standing section 10 of Public Law 91–672 (22 U.S.C. 

19 2412), section 15 of the State Department Basic Authori20 ties Act of 1956 (22 U.S.C. 2680), section 313 of the For21 eign Relations Authorization Act, Fiscal Years 1994 and 

22 1995 (22 U.S.C. 6212), and section 504(a)(1) of the Na23 tional Security Act of 1947 (50 U.S.C. 3094(a)(1)). 


pbinns on DSK79D2C42PROD with BILLS
822 

HR 21 PCS 

1 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

2 SEC. 7023. For the purpose of titles II through VI 

3 of this Act ‘‘program, project, and activity’’ shall be de4 fined at the appropriations Act account level and shall in5 clude all appropriations and authorizations Acts funding 

6 directives, ceilings, and limitations with the exception that 

7 for the following accounts: ‘‘Economic Support Fund’’, 

8 ‘‘Assistance for Europe, Eurasia and Central Asia’’, and 

9 ‘‘Foreign Military Financing Program’’, ‘‘program, 

10 project, and activity’’ shall also be considered to include 

11 country, regional, and central program level funding with12 in each such account; and for the development assistance 

13 accounts of the United States Agency for International 

14 Development, ‘‘program, project, and activity’’ shall also 

15 be considered to include central, country, regional, and 

16 program level funding, either as— 

17 (1) justified to Congress; or 

18 (2) allocated by the Executive Branch in ac19 cordance with a report, to be provided to the Com20 mittees on Appropriations within 30 days after en21 actment of this Act, as required by section 653(a) 

22 of the Foreign Assistance Act of 1961 or as modi23 fied pursuant to section 7019 of this Act. 


pbinns on DSK79D2C42PROD with BILLS
823 

HR 21 PCS 

1 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

2 FOUNDATION AND UNITED STATES AFRICAN DEVEL3 OPMENT FOUNDATION

4 SEC. 7024. Unless expressly provided to the contrary, 

5 provisions of this or any other Act, including provisions 

6 contained in prior Acts authorizing or making appropria7 tions for the Department of State, foreign operations, and 

8 related programs, shall not be construed to prohibit activi9 ties authorized by or conducted under the Peace Corps 

10 Act, the Inter-American Foundation Act or the African 

11 Development Foundation Act: Provided, That prior to con12 ducting activities in a country for which assistance is pro13 hibited, the agency shall consult with the Committees on 

14 Appropriations and report to such Committees within 15 

15 days of taking such action. 

16 COMMERCE, TRADE AND SURPLUS COMMODITIES

17 SEC. 7025. (a) WORLD MARKETS.—None of the 

18 funds appropriated or made available pursuant to titles 

19 III through VI of this Act for direct assistance and none 

20 of the funds otherwise made available to the Export-Im21 port Bank and the Overseas Private Investment Corpora22 tion shall be obligated or expended to finance any loan, 

23 any assistance, or any other financial commitments for es24 tablishing or expanding production of any commodity for 

25 export by any country other than the United States, if 


pbinns on DSK79D2C42PROD with BILLS
824 

HR 21 PCS 

1 the commodity is likely to be in surplus on world markets 

2 at the time the resulting productive capacity is expected 

3 to become operative and if the assistance will cause sub4 stantial injury to United States producers of the same, 

5 similar, or competing commodity: Provided, That such 

6 prohibition shall not apply to the Export-Import Bank if 

7 in the judgment of its Board of Directors the benefits to 

8 industry and employment in the United States are likely 

9 to outweigh the injury to United States producers of the 

10 same, similar, or competing commodity, and the Chairman 

11 of the Board so notifies the Committees on Appropria12 tions: Provided further, That this subsection shall not pro13 hibit— 

14 (1) activities in a country that is eligible for as15 sistance from the International Development Asso16 ciation, is not eligible for assistance from the Inter17 national Bank for Reconstruction and Development, 

18 and does not export on a consistent basis the agri19 cultural commodity with respect to which assistance 

20 is furnished; or 

21 (2) activities in a country the President deter22 mines is recovering from widespread conflict, a hu23 manitarian crisis, or a complex emergency. 

24 (b) EXPORTS.—None of the funds appropriated by 

25 this or any other Act to carry out chapter 1 of part I 


pbinns on DSK79D2C42PROD with BILLS
825 

HR 21 PCS 

1 of the Foreign Assistance Act of 1961 shall be available 

2 for any testing or breeding feasibility study, variety im3 provement or introduction, consultancy, publication, con4 ference, or training in connection with the growth or pro5 duction in a foreign country of an agricultural commodity 

6 for export which would compete with a similar commodity 

7 grown or produced in the United States: Provided, That 

8 this subsection shall not prohibit— 

9 (1) activities designed to increase food security 

10 in developing countries where such activities will not 

11 have a significant impact on the export of agricul12 tural commodities of the United States; 

13 (2) research activities intended primarily to 

14 benefit United States producers; 

15 (3) activities in a country that is eligible for as16 sistance from the International Development Asso17 ciation, is not eligible for assistance from the Inter18 national Bank for Reconstruction and Development, 

19 and does not export on a consistent basis the agri20 cultural commodity with respect to which assistance 

21 is furnished; or 

22 (4) activities in a country the President deter23 mines is recovering from widespread conflict, a hu24 manitarian crisis, or a complex emergency. 


pbinns on DSK79D2C42PROD with BILLS
826 

HR 21 PCS 

1 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.— 

2 The Secretary of the Treasury shall instruct the United 

3 States executive directors of the international financial in4 stitutions to use the voice and vote of the United States 

5 to oppose any assistance by such institutions, using funds 

6 appropriated or made available by this Act, for the produc7 tion or extraction of any commodity or mineral for export, 

8 if it is in surplus on world markets and if the assistance 

9 will cause substantial injury to United States producers 

10 of the same, similar, or competing commodity. 

11 SEPARATE ACCOUNTS

12 SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL

13 CURRENCIES.— 

14 (1) AGREEMENTS.—If assistance is furnished to 

15 the government of a foreign country under chapters 

16 1 and 10 of part I or chapter 4 of part II of the 

17 Foreign Assistance Act of 1961 under agreements 

18 which result in the generation of local currencies of 

19 that country, the Administrator of the United States 

20 Agency for International Development shall— 

21 (A) require that local currencies be depos22 ited in a separate account established by that 

23 government; 

24 (B) enter into an agreement with that gov25 ernment which sets forth— 


pbinns on DSK79D2C42PROD with BILLS
827 

HR 21 PCS 

1 (i) the amount of the local currencies 

2 to be generated; and 

3 (ii) the terms and conditions under 

4 which the currencies so deposited may be 

5 utilized, consistent with this section; and 

6 (C) establish by agreement with that gov7 ernment the responsibilities of USAID and that 

8 government to monitor and account for deposits 

9 into and disbursements from the separate ac10 count. 

11 (2) USES OF LOCAL CURRENCIES.—As may be 

12 agreed upon with the foreign government, local cur13 rencies deposited in a separate account pursuant to 

14 subsection (a), or an equivalent amount of local cur15 rencies, shall be used only— 

16 (A) to carry out chapter 1 or 10 of part 

17 I or chapter 4 of part II of the Foreign Assist18 ance Act of 1961 (as the case may be), for such 

19 purposes as— 

20 (i) project and sector assistance activi21 ties; or 

22 (ii) debt and deficit financing; or 

23 (B) for the administrative requirements of 

24 the United States Government. 


pbinns on DSK79D2C42PROD with BILLS
828 

HR 21 PCS 

1 (3) PROGRAMMING ACCOUNTABILITY.—USAID 

2 shall take all necessary steps to ensure that the 

3 equivalent of the local currencies disbursed pursuant 

4 to subsection (a)(2)(A) from the separate account 

5 established pursuant to subsection (a)(1) are used 

6 for the purposes agreed upon pursuant to subsection 

7 (a)(2). 

8 (4) TERMINATION OF ASSISTANCE PRO9 GRAMS.—Upon termination of assistance to a coun10 try under chapter 1 or 10 of part I or chapter 4 of 

11 part II of the Foreign Assistance Act of 1961 (as 

12 the case may be), any unencumbered balances of 

13 funds which remain in a separate account estab14 lished pursuant to subsection (a) shall be disposed of 

15 for such purposes as may be agreed to by the gov16 ernment of that country and the United States Gov17 ernment. 

18 (5) REPORT.—The USAID Administrator shall 

19 report as part of the congressional budget justifica20 tion submitted to the Committees on Appropriations 

21 on the use of local currencies for the administrative 

22 requirements of the United States Government as 

23 authorized in subsection (a)(2)(B), and such report 

24 shall include the amount of local currency (and 


pbinns on DSK79D2C42PROD with BILLS
829 

HR 21 PCS 

1 United States dollar equivalent) used or to be used 

2 for such purpose in each applicable country. 

3 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

4 (1) IN GENERAL.—If assistance is made avail5 able to the government of a foreign country, under 

6 chapter 1 or 10 of part I or chapter 4 of part II of 

7 the Foreign Assistance Act of 1961, as cash transfer 

8 assistance or as nonproject sector assistance, that 

9 country shall be required to maintain such funds in 

10 a separate account and not commingle with any 

11 other funds. 

12 (2) APPLICABILITY OF OTHER PROVISIONS OF

13 LAW.—Such funds may be obligated and expended 

14 notwithstanding provisions of law which are incon15 sistent with the nature of this assistance including 

16 provisions which are referenced in the Joint Explan17 atory Statement of the Committee of Conference ac18 companying House Joint Resolution 648 (House Re19 port No. 98–1159). 

20 (3) NOTIFICATION.—At least 15 days prior to 

21 obligating any such cash transfer or nonproject sec22 tor assistance, the President shall submit a notifica23 tion through the regular notification procedures of 

24 the Committees on Appropriations, which shall in25 clude a detailed description of how the funds proVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00829 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
830 

HR 21 PCS 

1 posed to be made available will be used, with a dis2 cussion of the United States interests that will be 

3 served by such assistance (including, as appropriate, 

4 a description of the economic policy reforms that will 

5 be promoted by such assistance). 

6 (4) EXEMPTION.—Nonproject sector assistance 

7 funds may be exempt from the requirements of para8 graph (1) only through the regular notification pro9 cedures of the Committees on Appropriations. 

10 ELIGIBILITY FOR ASSISTANCE

11 SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERN12 MENTAL ORGANIZATIONS.—Restrictions contained in this 

13 or any other Act with respect to assistance for a country 

14 shall not be construed to restrict assistance in support of 

15 programs of nongovernmental organizations from funds 

16 appropriated by this Act to carry out the provisions of 

17 chapters 1, 10, 11, and 12 of part I and chapter 4 of 

18 part II of the Foreign Assistance Act of 1961 and from 

19 funds appropriated under the heading ‘‘Assistance for Eu20 rope, Eurasia and Central Asia’’: Provided, That before 

21 using the authority of this subsection to furnish assistance 

22 in support of programs of nongovernmental organizations, 

23 the President shall notify the Committees on Appropria24 tions pursuant to the regular notification procedures, in25 cluding a description of the program to be assisted, the 


pbinns on DSK79D2C42PROD with BILLS
831 

HR 21 PCS 

1 assistance to be provided, and the reasons for furnishing 

2 such assistance: Provided further, That nothing in this 

3 subsection shall be construed to alter any existing statu4 tory prohibitions against abortion or involuntary steriliza5 tions contained in this or any other Act. 

6 (b) PUBLIC LAW 480.—During fiscal year 2019, re7 strictions contained in this or any other Act with respect 

8 to assistance for a country shall not be construed to re9 strict assistance under the Food for Peace Act (Public 

10 Law 83–480; 7 U.S.C. 1721 et seq.): Provided, That none 

11 of the funds appropriated to carry out title I of such Act 

12 and made available pursuant to this subsection may be 

13 obligated or expended except as provided through the reg14 ular notification procedures of the Committees on Appro15 priations. 

16 (c) EXCEPTION.—This section shall not apply— 

17 (1) with respect to section 620A of the Foreign 

18 Assistance Act of 1961 or any comparable provision 

19 of law prohibiting assistance to countries that sup20 port international terrorism; or 

21 (2) with respect to section 116 of the Foreign 

22 Assistance Act of 1961 or any comparable provision 

23 of law prohibiting assistance to the government of a 

24 country that violates internationally recognized 

25 human rights. 


pbinns on DSK79D2C42PROD with BILLS
832 

HR 21 PCS 

1 LOCAL COMPETITION

2 SEC. 7028. (a) REQUIREMENTS FOR EXCEPTIONS TO

3 COMPETITION FOR LOCAL ENTITIES.—Funds appro4 priated by this Act that are made available to the United 

5 States Agency for International Development may only be 

6 made available for limited competitions through local enti7 ties if— 

8 (1) prior to the determination to limit competi9 tion to local entities, USAID has— 

10 (A) assessed the level of local capacity to 

11 effectively implement, manage, and account for 

12 programs included in such competition; and 

13 (B) documented the written results of the 

14 assessment and decisions made; and 

15 (2) prior to making an award after limiting 

16 competition to local entities— 

17 (A) each successful local entity has been 

18 determined to be responsible in accordance with 

19 USAID guidelines; and 

20 (B) effective monitoring and evaluation 

21 systems are in place to ensure that award fund22 ing is used for its intended purposes; and 

23 (3) no level of acceptable fraud is assumed. 

24 (b) REPORT.—In addition to the requirements of sub25 section (a)(1), the USAID Administrator shall report to 


pbinns on DSK79D2C42PROD with BILLS
833 

HR 21 PCS 

1 the appropriate congressional committees not later than 

2 45 days after the end of fiscal year 2019 on all awards 

3 subject to limited or no competition for local entities: Pro4 vided, That such report shall be posted on the USAID 

5 website: Provided further, That the requirements of this 

6 subsection shall only apply to awards in excess of 

7 $3,000,000 and sole source awards to local entities in ex8 cess of $2,000,000. 

9 (c) EXTENSION OF PROCUREMENT AUTHORITY.— 

10 Section 7077 of the Department of State, Foreign Oper11 ations, and Related Programs Appropriations Act, 2012 

12 (division I of Public Law 112–74) shall continue in effect 

13 during fiscal year 2019. 

14 INTERNATIONAL FINANCIAL INSTITUTIONS

15 SEC. 7029. (a) EVALUATIONS AND REPORT.—The 

16 Secretary of the Treasury shall instruct the United States 

17 executive director of each international financial institu18 tion to seek to require that such institution adopts and 

19 implements a publicly available policy, including the stra20 tegic use of peer reviews and external experts, to conduct 

21 independent, in-depth evaluations of the effectiveness of 

22 at least 25 percent of all loans, grants, programs, and sig23 nificant analytical non-lending activities in advancing the 

24 institution’s goals of reducing poverty and promoting equi25 table economic growth, consistent with relevant safeVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00833 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
834 

HR 21 PCS 

1 guards, to ensure that decisions to support such loans, 

2 grants, programs, and activities are based on accurate 

3 data and objective analysis: Provided, That not later than 

4 45 days after enactment of this Act, the Secretary shall 

5 submit a report to the Committees on Appropriations on 

6 steps taken in fiscal year 2018 by the United States execu7 tive directors and the international financial institutions 

8 consistent with this subsection compared to the previous 

9 fiscal year. 

10 (b) SAFEGUARDS.— 

11 (1) The Secretary of the Treasury shall instruct 

12 the United States Executive Director of the Inter13 national Bank for Reconstruction and Development 

14 and the International Development Association to 

15 vote against any loan, grant, policy, or strategy if 

16 such institution has adopted and is implementing 

17 any social or environmental safeguard relevant to 

18 such loan, grant, policy, or strategy that provides 

19 less protection than World Bank safeguards in effect 

20 on September 30, 2015. 

21 (2) The Secretary of the Treasury should in22 struct the United States executive director of each 

23 international financial institution to vote against 

24 loans or other financing for projects unless such 

25 projects— 


pbinns on DSK79D2C42PROD with BILLS
835 

HR 21 PCS 

1 (A) provide for accountability and trans2 parency, including the collection, verification 

3 and publication of beneficial ownership informa4 tion related to extractive industries and on-site 

5 monitoring during the life of the project; 

6 (B) will be developed and carried out in ac7 cordance with best practices regarding environ8 mental conservation; cultural protection; and 

9 empowerment of local populations, including 

10 free, prior and informed consent of affected in11 digenous communities; 

12 (C) do not provide incentives for, or facili13 tate, forced displacement; and 

14 (D) do not partner with or otherwise in15 volve enterprises owned or controlled by the 

16 armed forces. 

17 (c) COMPENSATION.—None of the funds appro18 priated under title V of this Act may be made as payment 

19 to any international financial institution while the United 

20 States executive director to such institution is com21 pensated by the institution at a rate which, together with 

22 whatever compensation such executive director receives 

23 from the United States, is in excess of the rate provided 

24 for an individual occupying a position at level IV of the 

25 Executive Schedule under section 5315 of title 5, United 


pbinns on DSK79D2C42PROD with BILLS
836 

HR 21 PCS 

1 States Code, or while any alternate United States execu2 tive director to such institution is compensated by the in3 stitution at a rate in excess of the rate provided for an 

4 individual occupying a position at level V of the Executive 

5 Schedule under section 5316 of title 5, United States 

6 Code. 

7 (d) HUMAN RIGHTS.—The Secretary of the Treasury 

8 shall instruct the United States executive director of each 

9 international financial institution to promote human 

10 rights due diligence and risk management, as appropriate, 

11 in connection with any loan, grant, policy, or strategy of 

12 such institution in accordance with the criteria specified 

13 under this subsection in Senate report 115-282: Provided, 

14 That prior to voting on any such loan, grant, policy, or 

15 strategy the executive director shall consult with the As16 sistant Secretary for Democracy, Human Rights, and 

17 Labor, Department of State, if the executive director has 

18 reason to believe that such loan, grant, policy, or strategy 

19 could result in forced displacement or other violation of 

20 human rights. 

21 (e) FRAUD AND CORRUPTION.—The Secretary of the 

22 Treasury shall instruct the United States executive direc23 tor of each international financial institution to promote 

24 in loan, grant, and other financing agreements improve25 ments in borrowing countries’ financial management and 


pbinns on DSK79D2C42PROD with BILLS
837 

HR 21 PCS 

1 judicial capacity to investigate, prosecute, and punish 

2 fraud and corruption. 

3 (f) BENEFICIAL OWNERSHIP INFORMATION.—The 

4 Secretary of the Treasury shall instruct the United States 

5 executive director of each international financial institu6 tion to seek to require that such institution collects, 

7 verifies, and publishes, to the maximum extent practicable, 

8 beneficial ownership information (excluding proprietary 

9 information) for any corporation or limited liability com10 pany, other than a publicly listed company, that receives 

11 funds from any such financial institution: Provided, That 

12 not later than 45 days after enactment of this Act, the 

13 Secretary shall submit a report to the Committees on Ap14 propriations on steps taken in fiscal year 2018 by the 

15 United States executive directors and the international fi16 nancial institutions consistent with this subsection com17 pared to the previous fiscal year. 

18 (g) WHISTLEBLOWER PROTECTIONS.—The Secretary 

19 of the Treasury shall instruct the United States executive 

20 director of each international financial institution to seek 

21 to require that each such institution is effectively imple22 menting and enforcing policies and procedures which re23 flect best practices for the protection of whistleblowers 

24 from retaliation, including best practices for— 


pbinns on DSK79D2C42PROD with BILLS
838 

HR 21 PCS 

1 (1) protection against retaliation for internal 

2 and lawful public disclosure; 

3 (2) legal burdens of proof; 

4 (3) statutes of limitation for reporting retalia5 tion; 

6 (4) access to independent adjudicative bodies, 

7 including external arbitration; and 

8 (5) results that eliminate the effects of proven 

9 retaliation. 

10 DEBT-FOR-DEVELOPMENT

11 SEC. 7030. In order to enhance the continued partici12 pation of nongovernmental organizations in debt-for-devel13 opment and debt-for-nature exchanges, a nongovern14 mental organization which is a grantee or contractor of 

15 the United States Agency for International Development 

16 may place in interest bearing accounts local currencies 

17 which accrue to that organization as a result of economic 

18 assistance provided under title III of this Act and, subject 

19 to the regular notification procedures of the Committees 

20 on Appropriations, any interest earned on such investment 

21 shall be used for the purpose for which the assistance was 

22 provided to that organization. 

23 FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

24 SEC. 7031. (a) LIMITATION ON DIRECT GOVERN25 MENT-TO-GOVERNMENT ASSISTANCE.— 


pbinns on DSK79D2C42PROD with BILLS
839 

HR 21 PCS 

1 (1) REQUIREMENTS.—Funds appropriated by 

2 this Act may be made available for direct govern3 ment-to-government assistance only if— 

4 (A)(i) each implementing agency or min5 istry to receive assistance has been assessed 

6 and is considered to have the systems required 

7 to manage such assistance and any identified 

8 vulnerabilities or weaknesses of such agency or 

9 ministry have been addressed; 

10 (ii) the recipient agency or ministry em11 ploys and utilizes staff with the necessary tech12 nical, financial, and management capabilities; 

13 (iii) the recipient agency or ministry has 

14 adopted competitive procurement policies and 

15 systems; 

16 (iv) effective monitoring and evaluation 

17 systems are in place to ensure that such assist18 ance is used for its intended purposes; 

19 (v) no level of acceptable fraud is assumed; 

20 and 

21 (vi) the government of the recipient coun22 try is taking steps to publicly disclose on an an23 nual basis its national budget, to include in24 come and expenditures, that are in addition to 

25 steps taken in the previous calendar year; 


pbinns on DSK79D2C42PROD with BILLS
840 

HR 21 PCS 

1 (B) the recipient government is in compli2 ance with the principles set forth in section 

3 7013 of this Act; 

4 (C) the recipient agency or ministry is not 

5 headed or controlled by an organization des6 ignated as a foreign terrorist organization 

7 under section 219 of the Immigration and Na8 tionality Act (8 U.S.C. 1189); 

9 (D) the Government of the United States 

10 and the government of the recipient country 

11 have agreed, in writing, on clear and achievable 

12 objectives for the use of such assistance, which 

13 should be made available on a cost-reimbursable 

14 basis; and 

15 (E) the recipient government is taking 

16 steps to protect the rights of civil society, in17 cluding freedoms of expression, association, and 

18 assembly. 

19 (2) CONSULTATION AND NOTIFICATION.—In 

20 addition to the requirements in paragraph (1), no 

21 funds may be made available for direct government22 to-government assistance without prior consultation 

23 with, and notification of, the Committees on Appro24 priations: Provided, That such notification shall con25 tain an explanation of how the proposed activity 


pbinns on DSK79D2C42PROD with BILLS
841 

HR 21 PCS 

1 meets the requirements of paragraph (1): Provided 

2 further, That the requirements of this paragraph 

3 shall only apply to direct government-to-government 

4 assistance in excess of $10,000,000 and all funds 

5 available for cash transfer, budget support, and cash 

6 payments to individuals. 

7 (3) SUSPENSION OF ASSISTANCE.—The Admin8 istrator of the United States Agency for Inter9 national Development or the Secretary of State, as 

10 appropriate, shall suspend any direct government-to11 government assistance if the Administrator or the 

12 Secretary has credible information of material mis13 use of such assistance, unless the Administrator or 

14 the Secretary reports to the Committees on Appro15 priations that it is in the national interest of the 

16 United States to continue such assistance, including 

17 a justification, or that such misuse has been appro18 priately addressed. 

19 (4) SUBMISSION OF INFORMATION.—The Sec20 retary of State shall submit to the Committees on 

21 Appropriations, concurrent with the fiscal year 2020 

22 congressional budget justification materials, amounts 

23 planned for assistance described in paragraph (1) by 

24 country, proposed funding amount, source of funds, 

25 and type of assistance. 


pbinns on DSK79D2C42PROD with BILLS
842 

HR 21 PCS 

1 (5) REPORT.—Not later than 90 days after en2 actment of this Act and every 6 months thereafter 

3 until September 30, 2020, the USAID Adminis4 trator shall submit to the Committees on Appropria5 tions a report that— 

6 (A) details all assistance described in para7 graph (1) provided during the previous 6-month 

8 period by country, funding amount, source of 

9 funds, and type of such assistance; and 

10 (B) the type of procurement instrument or 

11 mechanism utilized and whether the assistance 

12 was provided on a reimbursable basis. 

13 (6) DEBT SERVICE PAYMENT PROHIBITION.— 

14 None of the funds made available by this Act may 

15 be used by the government of any foreign country 

16 for debt service payments owed by any country to 

17 any international financial institution. 

18 (b) NATIONAL BUDGET AND CONTRACT TRANS19 PARENCY.— 

20 (1) MINIMUM REQUIREMENTS OF FISCAL

21 TRANSPARENCY.—The Secretary of State shall con22 tinue to update and strengthen the ‘‘minimum re23 quirements of fiscal transparency’’ for each govern24 ment receiving assistance appropriated by this Act, 

25 as identified in the report required by section 


pbinns on DSK79D2C42PROD with BILLS
843 

HR 21 PCS 

1 7031(b) of the Department of State, Foreign Oper2 ations, and Related Programs Appropriations Act, 

3 2014 (division K of Public Law 113–76). 

4 (2) DEFINITION.—For purposes of paragraph 

5 (1), ‘‘minimum requirements of fiscal transparency’’ 

6 are requirements consistent with those in subsection 

7 (a)(1), and the public disclosure of national budget 

8 documentation (to include receipts and expenditures 

9 by ministry) and government contracts and licenses 

10 for natural resource extraction (to include bidding 

11 and concession allocation practices). 

12 (3) DETERMINATION AND REPORT.—For each 

13 government identified pursuant to paragraph (1), 

14 the Secretary of State, not later than 180 days after 

15 enactment of this Act, shall make or update any de16 termination of ‘‘significant progress’’ or ‘‘no signifi17 cant progress’’ in meeting the minimum require18 ments of fiscal transparency, and make such deter19 minations publicly available in an annual ‘‘Fiscal 

20 Transparency Report’’ to be posted on the Depart21 ment of State website: Provided, That the Secretary 

22 shall identify the significant progress made by each 

23 such government to publicly disclose national budget 

24 documentation, contracts, and licenses which are ad25 ditional to such information disclosed in previous fisVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00843 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
844 

HR 21 PCS 

1 cal years, and include specific recommendations of 

2 short- and long-term steps such government should 

3 take to improve fiscal transparency: Provided fur4 ther, That the annual report shall include a detailed 

5 description of how funds appropriated by this Act 

6 are being used to improve fiscal transparency, and 

7 identify benchmarks for measuring progress. 

8 (4) ASSISTANCE.—Funds appropriated under 

9 title III of this Act shall be made available for pro10 grams and activities to assist governments identified 

11 pursuant to paragraph (1) to improve budget trans12 parency and to support civil society organizations in 

13 such countries that promote budget transparency: 

14 Provided, That such sums shall be in addition to 

15 funds otherwise available for such purposes: Pro16 vided further, That a description of the uses of such 

17 funds shall be included in the annual ‘‘Fiscal Trans18 parency Report’’ required by paragraph (3). 

19 (c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.— 

20 (1) INELIGIBILITY.— 

21 (A) Officials of foreign governments and 

22 their immediate family members about whom 

23 the Secretary of State has credible information 

24 have been involved in significant corruption, in25 cluding corruption related to the extraction of 


pbinns on DSK79D2C42PROD with BILLS
845 

HR 21 PCS 

1 natural resources, or a gross violation of human 

2 rights shall be ineligible for entry into the 

3 United States. 

4 (B) The Secretary shall also publicly or 

5 privately designate or identify officials of for6 eign governments and their immediate family 

7 members about whom the Secretary has such 

8 credible information without regard to whether 

9 the individual has applied for a visa. 

10 (2) EXCEPTION.—Individuals shall not be ineli11 gible if entry into the United States would further 

12 important United States law enforcement objectives 

13 or is necessary to permit the United States to fulfill 

14 its obligations under the United Nations Head15 quarters Agreement: Provided, That nothing in 

16 paragraph (1) shall be construed to derogate from 

17 United States Government obligations under applica18 ble international agreements. 

19 (3) WAIVER.—The Secretary may waive the ap20 plication of paragraph (1) with respect to an indi21 vidual, and only if the Secretary determines that the 

22 waiver would serve a compelling national interest or 

23 that the circumstances which caused the individual 

24 to be ineligible have changed sufficiently. 


pbinns on DSK79D2C42PROD with BILLS
846 

HR 21 PCS 

1 (4) REPORT.—Not later than 6 months after 

2 enactment of this Act, the Secretary of State shall 

3 submit a report, including a classified annex if nec4 essary, to the Committees on Appropriations and the 

5 Committees on the Judiciary describing the informa6 tion related to corruption or violation of human 

7 rights concerning each of the individuals found ineli8 gible in the previous 12 months pursuant to para9 graph (1)(A) as well as the individuals who the Sec10 retary designated or identified pursuant to para11 graph (1)(B), or who would be ineligible but for the 

12 application of paragraph (2), a list of any waivers 

13 provided under paragraph (3), and the justification 

14 for each waiver. 

15 (5) POSTING OF REPORT.—Any unclassified 

16 portion of the report required under paragraph (4) 

17 shall be posted on the Department of State website. 

18 (6) CLARIFICATION.—For purposes of para19 graphs (1)(B), (4), and (5), the records of the De20 partment of State and of diplomatic and consular of21 fices of the United States pertaining to the issuance 

22 or refusal of visas or permits to enter the United 

23 States shall not be considered confidential. 

24 (d) EXTRACTION OF NATURAL RESOURCES.— 


pbinns on DSK79D2C42PROD with BILLS
847 

HR 21 PCS 

1 (1) ASSISTANCE.—Funds appropriated by this 

2 Act shall be made available to promote and support 

3 transparency and accountability of expenditures and 

4 revenues related to the extraction of natural re5 sources, including by strengthening implementation 

6 and monitoring of the Extractive Industries Trans7 parency Initiative, implementing and enforcing sec8 tion 8204 of the Food, Conservation, and Energy 

9 Act of 2008 (Public Law 110–246; 122 Stat. 2052) 

10 and the amendments made by such section, and to 

11 prevent the sale of conflict diamonds, and provide 

12 technical assistance to promote independent audit 

13 mechanisms and support civil society participation in 

14 natural resource management. 

15 (2) UNITED STATES POLICY.— 

16 (A) The Secretary of the Treasury shall in17 form the management of the international fi18 nancial institutions, and post on the Depart19 ment of the Treasury website, that it is the pol20 icy of the United States to vote against any as21 sistance by such institutions (including any 

22 loan, credit, grant, or guarantee) to any coun23 try for the extraction and export of a natural 

24 resource if the government of such country has 

25 in place laws, regulations, or procedures to preVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00847 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
848 

HR 21 PCS 

1 vent or limit the public disclosure of company 

2 payments as required by United States law, and 

3 unless such government has adopted laws, regu4 lations, or procedures in the sector in which as5 sistance is being considered for— 

6 (i) accurately accounting for and pub7 lic disclosure of payments to the host gov8 ernment by companies involved in the ex9 traction and export of natural resources; 

10 (ii) the independent auditing of ac11 counts receiving such payments and public 

12 disclosure of the findings of such audits; 

13 and 

14 (iii) public disclosure of such docu15 ments as Host Government Agreements, 

16 Concession Agreements, and bidding docu17 ments, allowing in any such dissemination 

18 or disclosure for the redaction of, or excep19 tions for, information that is commercially 

20 proprietary or that would create competi21 tive disadvantage. 

22 (B) The requirements of subparagraph (A) 

23 shall not apply to assistance for the purpose of 

24 building the capacity of such government to 

25 meet the requirements of this subparagraph. 


pbinns on DSK79D2C42PROD with BILLS
849 

HR 21 PCS 

1 (e) FOREIGN ASSISTANCE WEBSITE.—Funds appro2 priated by this Act under titles I and II, and funds made 

3 available for any independent agency in title III, as appro4 priate, shall be made available to support the provision 

5 of additional information on United States Government 

6 foreign assistance on the Department of State foreign as7 sistance website: Provided, That all Federal agencies fund8 ed under this Act shall provide such information on for9 eign assistance, upon request, to the Department of State. 

10 DEMOCRACY PROGRAMS

11 SEC. 7032. (a) FUNDING.— 

12 (1) IN GENERAL.—Of the funds appropriated 

13 by this Act under the headings ‘‘Development As14 sistance’’, ‘‘Economic Support Fund’’, ‘‘Democracy 

15 Fund’’, ‘‘Assistance for Europe, Eurasia and Cen16 tral Asia’’, and ‘‘International Narcotics Control and 

17 Law Enforcement’’, not less than $2,400,000,000 

18 shall be made available for democracy programs. 

19 (2) PROGRAMS.—Of the funds made available 

20 for democracy programs under the headings ‘‘Eco21 nomic Support Fund’’, ‘‘Assistance for Europe, Eur22 asia and Central Asia’’, and ‘‘International Nar23 cotics Control and Law Enforcement’’ pursuant to 

24 paragraph (1), not less than $89,540,000 shall be 


pbinns on DSK79D2C42PROD with BILLS
850 

HR 21 PCS 

1 made available to the Bureau of Democracy, Human 

2 Rights, and Labor, Department of State. 

3 (b) AUTHORITY.—Funds made available by this Act 

4 for democracy programs may be made available notwith5 standing any other provision of law, and with regard to 

6 the National Endowment for Democracy, any regulation. 

7 (c) DEFINITION OF DEMOCRACY PROGRAMS.—For 

8 purposes of funds appropriated by this Act, the term ‘‘de9 mocracy programs’’ means programs that support good 

10 governance, credible and competitive elections, freedom of 

11 expression, association, assembly, and religion, human 

12 rights, labor rights, independent media, and the rule of 

13 law, and that otherwise strengthen the capacity of demo14 cratic political parties, governments, nongovernmental or15 ganizations and institutions, and citizens to support the 

16 development of democratic states, and institutions that are 

17 responsive and accountable to citizens. 

18 (d) RESTRICTION ON PRIOR APPROVAL.—With re19 spect to the provision of assistance for democracy pro20 grams in this Act, the organizations implementing such 

21 assistance, the specific nature of that assistance, and the 

22 participants in such programs shall not be subject to the 

23 prior approval by the government of any foreign country: 

24 Provided, That the Secretary of State, in coordination 

25 with the USAID Administrator, shall report to the ComVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00850 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
851 

HR 21 PCS 

1 mittees on Appropriations, not later than 120 days after 

2 enactment of this Act, detailing steps taken by the Depart3 ment of State and USAID to comply with the require4 ments of this subsection. 

5 (e) CONTINUATION OF CURRENT PRACTICES.— 

6 USAID shall continue to implement civil society and polit7 ical competition and consensus building programs abroad 

8 with funds appropriated by this Act in a manner that rec9 ognizes the unique benefits of grants and cooperative 

10 agreements in implementing such programs: Provided, 

11 That nothing in this paragraph shall be construed to af12 fect the ability of any entity, including United States small 

13 businesses, from competing for proposals for USAID14 funded civil society and political competition and con15 sensus building programs. 

16 (f) INFORMING THE NATIONAL ENDOWMENT FOR

17 DEMOCRACY.—The Assistant Secretary for Democracy, 

18 Human Rights, and Labor, Department of State, and the 

19 Assistant Administrator for Democracy, Conflict, and Hu20 manitarian Assistance, USAID, shall regularly inform the 

21 National Endowment for Democracy of democracy pro22 grams that are planned and supported by funds made 

23 available by this Act and prior Acts making appropriations 

24 for the Department of State, foreign operations, and re25 lated programs. 


pbinns on DSK79D2C42PROD with BILLS
852 

HR 21 PCS 

1 (g) PROTECTION OF CIVIL SOCIETY ACTIVISTS AND

2 JOURNALISTS.—Of the funds appropriated by this Act 

3 under the headings ‘‘Economic Support Fund’’ and ‘‘De4 mocracy Fund’’, not less than $15,000,000 shall be made 

5 available for the Human Rights Defenders Fund to sup6 port and protect civil society activists who have been 

7 threatened, harassed, or attacked, consistent with the ac8 tion plan required by section 7032(i)(1) of the Depart9 ment of State, Foreign Operations, and Related Programs 

10 Appropriations Act, 2018 (division K of Public Law 115– 

11 141): Provided, That such funds may only be made avail12 able following consultation with the Committees on Appro13 priations: Provided further, That such funds shall be allo14 cated to, and administered by, the Bureau of Democracy, 

15 Human Rights, and Labor, Department of State, in con16 sultation, as appropriate, with relevant bureaus and of17 fices of the Department of State and USAID, and are in 

18 addition to amounts otherwise made available for such 

19 purposes. 

20 INTERNATIONAL RELIGIOUS FREEDOM

21 SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREE22 DOM OFFICE AND SPECIAL ENVOY TO PROMOTE RELI23 GIOUS FREEDOM.— 

24 (1) OPERATIONS.—Funds appropriated by this 

25 Act under the heading ‘‘Diplomatic Programs’’ shall 


pbinns on DSK79D2C42PROD with BILLS
853 

HR 21 PCS 

1 be made available for the Office of International Re2 ligious Freedom, Bureau of Democracy, Human 

3 Rights, and Labor, Department of State, and the 

4 Special Envoy to Promote Religious Freedom of Re5 ligious Minorities in the Near East and South Cen6 tral Asia, as authorized in the Near East and South 

7 Central Asia Religious Freedom Act of 2014 (Public 

8 Law 113–161), including for support staff at not 

9 less than the amounts specified for such offices in 

10 the table under such heading in the report accom11 panying this Act. 

12 (2) CURRICULUM.—Funds appropriated under 

13 the heading ‘‘Diplomatic Programs’’ and designated 

14 for the Office of International Religious Freedom 

15 shall be made available for the development and im16 plementation of an international religious freedom 

17 curriculum in accordance with section 708(a)(2) of 

18 the Foreign Service Act of 1980 (22 U.S.C. 

19 4028(a)(2)). 

20 (b) ASSISTANCE.— 

21 (1) INTERNATIONAL RELIGIOUS FREEDOM PRO22 GRAMS.—Of the funds appropriated by this Act 

23 under the heading ‘‘Democracy Fund’’ and available 

24 for the Human Rights and Democracy Fund, not 

25 less than $10,000,000 shall be made available for 


pbinns on DSK79D2C42PROD with BILLS
854 

HR 21 PCS 

1 international religious freedom programs: Provided, 

2 That the Ambassador-at-Large for International Re3 ligious Freedom shall consult with the Committees 

4 on Appropriations on the uses of such funds. 

5 (2) PROTECTION AND INVESTIGATION PRO6 GRAMS.—Of the funds appropriated by this Act 

7 under the heading ‘‘Economic Support Fund’’, not 

8 less than $10,000,000 shall be made available for 

9 programs to protect vulnerable and persecuted reli10 gious minorities: Provided, That a portion of such 

11 funds shall be made available for programs to inves12 tigate the persecution of such minorities by govern13 ments and non-state actors and for the public dis14 semination of information collected on such persecu15 tion, including on the Department of State website. 

16 (3) HUMANITARIAN PROGRAMS.—Funds appro17 priated by this Act under the headings ‘‘Inter18 national Disaster Assistance’’ and ‘‘Migration and 

19 Refugee Assistance’’ shall be made available for hu20 manitarian assistance for vulnerable and persecuted 

21 religious minorities, including victims of genocide 

22 designated by the Secretary of State and other 

23 groups that have suffered crimes against humanity 

24 and ethnic cleansing, to— 


pbinns on DSK79D2C42PROD with BILLS
855 

HR 21 PCS 

1 (A) facilitate the implementation of an im2 mediate, coordinated, and sustained response to 

3 provide humanitarian assistance; 

4 (B) enhance protection of conflict victims, 

5 including those facing a dire humanitarian cri6 sis and severe persecution because of their faith 

7 or ethnicity; and 

8 (C) improve access to secure locations for 

9 obtaining humanitarian and resettlement serv10 ices. 

11 (4) TRANSITIONAL JUSTICE, RECONCILIATION, 

12 AND REINTEGRATION PROGRAMS.—Of the funds ap13 propriated by this Act that are made available for 

14 the Relief and Recovery Fund, not less than 

15 $5,000,000 shall be made available to support tran16 sitional justice, reconciliation, and reintegration pro17 grams for vulnerable and persecuted religious mi18 norities, including in the Middle East and North Af19 rica regions: Provided, That such funds shall be 

20 matched, to the maximum extent practicable, from 

21 sources other than the United States Government. 

22 (5) RESPONSIBILITY FOR FUNDS.—Funds made 

23 available by paragraphs (1) and (2) shall be the re24 sponsibility of the Ambassador-at-Large for InterVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00855 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
856 

HR 21 PCS 

1 national Religious Freedom, in consultation with 

2 other relevant United States Government officials. 

3 (c) INTERNATIONAL BROADCASTING.—Funds appro4 priated by this Act under the heading ‘‘Broadcasting 

5 Board of Governors, International Broadcasting Oper6 ations’’ shall be made available for programs related to 

7 international religious freedom, including reporting on the 

8 condition of vulnerable and persecuted religious groups. 

9 (d) FUNDING CLARIFICATION.—Funds made avail10 able pursuant to subsection (b) are in addition to amounts 

11 otherwise made available for such purposes. 

12 SPECIAL PROVISIONS

13 SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHIL14 DREN, AND DISPLACED BURMESE.—Funds appropriated 

15 in titles III and VI of this Act that are made available 

16 for victims of war, displaced children, displaced Burmese, 

17 and to combat trafficking in persons and assist victims 

18 of such trafficking, may be made available notwith19 standing any other provision of law. 

20 (b) ATROCITIES PREVENTION.—Of the funds appro21 priated by this Act under the headings ‘‘Economic Sup22 port Fund’’ and ‘‘International Narcotics Control and 

23 Law Enforcement’’, not less than $5,000,000 shall be 

24 made available for programs to prevent atrocities, includ25 ing to implement recommendations of the Atrocities PreVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00856 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
857 

HR 21 PCS 

1 vention Board: Provided, That the Under Secretary for Ci2 vilian Security, Democracy, and Human Rights, Depart3 ment of State, shall be responsible for providing the stra4 tegic policy direction for, and policy oversight of, funds 

5 made available pursuant to this subsection to the Bureaus 

6 of International Narcotics and Law Enforcement Affairs 

7 and Democracy, Human Rights, and Labor, Department 

8 of State: Provided further, That funds made available pur9 suant to this subsection are in addition to amounts other10 wise made available for such purposes: Provided further, 

11 That such funds shall be subject to the regular notification 

12 procedures of the Committees on Appropriations. 

13 (c) WORLD FOOD PROGRAMME.—Funds managed by 

14 the Bureau for Democracy, Conflict, and Humanitarian 

15 Assistance, United States Agency for International Devel16 opment, from this or any other Act, may be made available 

17 as a general contribution to the World Food Programme, 

18 notwithstanding any other provision of law. 

19 (d) DIRECTIVES AND AUTHORITIES.— 

20 (1) RESEARCH AND TRAINING.—Funds appro21 priated by this Act under the heading ‘‘Assistance 

22 for Europe, Eurasia and Central Asia’’ shall be 

23 made available to carry out the Program for Re24 search and Training on Eastern Europe and the 

25 Independent States of the Former Soviet Union as 


pbinns on DSK79D2C42PROD with BILLS
858 

HR 21 PCS 

1 authorized by the Soviet-Eastern European Research 

2 and Training Act of 1983 (22 U.S.C. 4501 et seq.). 

3 (2) GENOCIDE VICTIMS MEMORIAL SITES.— 

4 Funds appropriated by this Act and prior Acts mak5 ing appropriations for the Department of State, for6 eign operations, and related programs under the 

7 headings ‘‘Economic Support Fund’’ and ‘‘Assist8 ance for Europe, Eurasia and Central Asia’’ may be 

9 made available as contributions to establish and 

10 maintain memorial sites of genocide, subject to the 

11 regular notification procedures of the Committees on 

12 Appropriations. 

13 (3) ADDITIONAL AUTHORITIES.—Of the 

14 amounts made available by title I of this Act under 

15 the heading ‘‘Diplomatic Programs’’, up to $500,000 

16 may be made available for grants pursuant to sec17 tion 504 of the Foreign Relations Authorization Act, 

18 Fiscal Year 1979 (22 U.S.C. 2656d), including to 

19 facilitate collaboration with indigenous communities, 

20 and up to $1,000,000 may be made available for 

21 grants to carry out the activities of the Cultural An22 tiquities Task Force. 

23 (4) INNOVATION.—The USAID Administrator 

24 may use funds appropriated by this Act under title 

25 III to make innovation incentive awards: Provided, 


pbinns on DSK79D2C42PROD with BILLS
859 

HR 21 PCS 

1 That each individual award may not exceed 

2 $100,000: Provided further, That no more than 10 

3 such awards may be made during fiscal year 2019: 

4 Provided further, That for purposes of this para5 graph the term ‘‘innovation incentive award’’ means 

6 the provision of funding on a competitive basis 

7 that— 

8 (A) encourages and rewards the develop9 ment of solutions for a particular, well-defined 

10 problem related to the alleviation of poverty; or 

11 (B) helps identify and promote a broad 

12 range of ideas and practices facilitating further 

13 development of an idea or practice by third par14 ties. 

15 (5) EXCHANGE VISITOR PROGRAM.—None of 

16 the funds made available by this Act may be used 

17 to modify the Exchange Visitor Program adminis18 tered by the Department of State to implement the 

19 Mutual Educational and Cultural Exchange Act of 

20 1961, as amended, (Public Law 87–256; 22 U.S.C. 

21 2451 et seq.), except through the formal rulemaking 

22 process pursuant to the Administrative Procedure 

23 Act and notwithstanding the exceptions to such rule24 making process in such Act: Provided, That funds 

25 made available for such purpose shall only be made 


pbinns on DSK79D2C42PROD with BILLS
860 

HR 21 PCS 

1 available after consultation with, and subject to the 

2 regular notification procedures of, the Committees 

3 on Appropriations, regarding how any proposed 

4 modification would affect the public diplomacy goals 

5 of, and the estimated economic impact on, the 

6 United States. 

7 (6) REPORT.—The report required by section 

8 502(d) of the Intelligence Authorization Act for Fis9 cal Year 2017 (division N of Public Law 115–31; 22 

10 U.S.C. 254a note) shall be provided to the Commit11 tees on Appropriations. 

12 (7) PRIVATE SECTOR PARTNERSHIPS.—Of the 

13 funds appropriated by this Act under the headings 

14 ‘‘Global Health Programs’’, ‘‘Development Assist15 ance’’, and ‘‘Economic Support Fund’’ that are 

16 made available for private sector partnerships, up to 

17 $100,000,000 may remain available until September 

18 30, 2022: Provided, That funds made available pur19 suant to this paragraph may be reprogrammed after 

20 September 30, 2021 for other purposes following 

21 prior consultation with, and the regular notification 

22 procedures of, the Committees on Appropriations. 

23 (e) PARTNER VETTING.—Prior to initiating a partner 

24 vetting program, or making significant changes to the 

25 scope of an existing partner vetting program, the SecVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00860 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
861 

HR 21 PCS 

1 retary of State and USAID Administrator, as appropriate, 

2 shall consult with the Committees on Appropriations: Pro3 vided, That USAID partner vetting shall be considered to 

4 meet any other requirement to establish, maintain, or im5 plement a partner vetting or similar program. 

6 (f) CONTINGENCIES AND EVACUATIONS.— 

7 (1) During fiscal year 2019, the President may 

8 use up to $125,000,000 under the authority of sec9 tion 451 of the Foreign Assistance Act of 1961, not10 withstanding any other provision of law. 

11 (2) Of the unobligated balances from amounts 

12 available for Worldwide Security Protection under 

13 the ‘‘Diplomatic and Consular Programs’’ heading in 

14 the Security Assistance Appropriations Act, 2017 

15 (division B of Public Law 114–254), up to 

16 $301,200,000 may be used to develop and imple17 ment emergency evacuation contingency plans: Pro18 vided, That such amounts are designated by the 

19 Congress for Overseas Contingency Operations/Glob20 al War on Terrorism pursuant to section 

21 251(b)(2)(A)(ii) of the Balanced Budget and Emer22 gency Deficit Control Act of 1985: Provided further, 

23 That funds made available by this paragraph shall 

24 be subject to prior consultation with, and the regular 


pbinns on DSK79D2C42PROD with BILLS
862 

HR 21 PCS 

1 notification procedures of, the Committees on Ap2 propriations. 

3 (g) INTERNATIONAL CHILD ABDUCTIONS.—The Sec4 retary of State should withhold funds appropriated under 

5 title III of this Act for assistance for the central govern6 ment of any country that is not taking appropriate steps 

7 to comply with the Convention on the Civil Aspects of 

8 International Child Abductions, done at the Hague on Oc9 tober 25, 1980: Provided, That the Secretary shall report 

10 to the Committees on Appropriations within 15 days of 

11 withholding funds under this subsection. 

12 (h) CULTURAL PRESERVATION PROJECT DETER13 MINATION.—None of the funds appropriated in titles I and 

14 III of this Act may be used for the preservation of reli15 gious sites unless the Secretary of State or the USAID 

16 Administrator, as appropriate, determines and reports to 

17 the Committees on Appropriations that such sites are his18 torically, artistically, or culturally significant, that the 

19 purpose of the project is neither to advance nor to inhibit 

20 the free exercise of religion, and that the project is in the 

21 national interest of the United States. 

22 (i) TRANSFER OF FUNDS FOR EXTRAORDINARY PRO23 TECTION.—The Secretary of State may transfer to, and 

24 merge with, funds under the heading ‘‘Protection of For25 eign Missions and Officials’’ unobligated balances of exVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00862 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
863 

HR 21 PCS 

1 pired funds appropriated under the heading ‘‘Diplomatic 

2 Programs’’ for fiscal year 2019, except for funds des3 ignated for Overseas Contingency Operations/Global War 

4 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

5 Balanced Budget and Emergency Deficit Control Act of 

6 1985, at no later than the end of the fifth fiscal year after 

7 the last fiscal year for which such funds are available for 

8 the purposes for which appropriated: Provided, That not 

9 more than $50,000,000 may be transferred. 

10 (j) AUTHORITY TO COUNTER EXTREMISM.—Funds 

11 made available by this Act under the heading ‘‘Economic 

12 Support Fund’’ to counter extremism may be made avail13 able notwithstanding any other provision of law restricting 

14 assistance to foreign countries, except sections 502B and 

15 620A of the Foreign Assistance Act of 1961: Provided, 

16 That the use of the authority of this subsection shall be 

17 subject to prior consultation with the appropriate congres18 sional committees, and the regular notification procedures 

19 of the Committees on Appropriations. 

20 (k) PROTECTIONS AND REMEDIES FOR EMPLOYEES

21 OF DIPLOMATIC MISSIONS AND INTERNATIONAL ORGANI22 ZATIONS.—Section 7034(k) of the Department of State, 

23 Foreign Operations, and Related Programs Appropria24 tions Act, 2015 (division J of Public Law 113–235) shall 

25 continue in effect during fiscal year 2019. 


pbinns on DSK79D2C42PROD with BILLS
864 

HR 21 PCS 

1 (l) EXTENSION OF AUTHORITIES.— 

2 (1) PASSPORT FEES.—Section 1(b)(2) of the 

3 Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) 

4 shall be applied by substituting ‘‘September 30, 

5 2019’’ for ‘‘September 30, 2010’’. 

6 (2) INCENTIVES FOR CRITICAL POSTS.—The 

7 authority contained in section 1115(d) of the Sup8 plemental Appropriations Act, 2009 (Public Law 

9 111–32) shall remain in effect through September 

10 30, 2019. 

11 (3) USAID CIVIL SERVICE ANNUITANT WAIV12 ER.—Section 625(j)(1) of the Foreign Assistance 

13 Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied 

14 by substituting ‘‘September 30, 2019’’ for ‘‘October 

15 1, 2010’’ in subparagraph (B). 

16 (4) OVERSEAS PAY COMPARABILITY AND LIMI17 TATION.— 

18 (A) Subject to the limitation described in 

19 subparagraph (B), the authority provided by 

20 section 1113 of the Supplemental Appropria21 tions Act, 2009 (Public Law 111–32) shall re22 main in effect through September 30, 2019. 

23 (B) The authority described in subpara24 graph (A) may not be used to pay an eligible 

25 member of the Foreign Service (as defined in 


pbinns on DSK79D2C42PROD with BILLS
865 

HR 21 PCS 

1 section 1113(b) of the Supplemental Appropria2 tions Act, 2009 (Public Law 111–32)) a local3 ity-based comparability payment (stated as a 

4 percentage) that exceeds two-thirds of the 

5 amount of the locality-based comparability pay6 ment (stated as a percentage) that would be 

7 payable to such member under section 5304 of 

8 title 5, United States Code, if such member’s 

9 official duty station were in the District of Co10 lumbia. 

11 (5) CATEGORICAL ELIGIBILITY.—The Foreign 

12 Operations, Export Financing, and Related Pro13 grams Appropriations Act, 1990 (Public Law 101– 

14 167) is amended— 

15 (A) in section 599D (8 U.S.C. 1157 

16 note)— 

17 (i) in subsection (b)(3), by striking 

18 ‘‘and 2018’’ and inserting ‘‘2018, and 

19 2019’’; and 

20 (ii) in subsection (e), by striking 

21 ‘‘2018’’ each place it appears and inserting 

22 ‘‘2019’’; and 

23 (B) in section 599E (8 U.S.C. 1255 note) 

24 in subsection (b)(2), by striking ‘‘2018’’ and in25 serting ‘‘2019’’. 


pbinns on DSK79D2C42PROD with BILLS
866 

HR 21 PCS 

1 (6) INSPECTOR GENERAL ANNUITANT WAIV2 ER.—The authorities provided in section 1015(b) of 

3 the Supplemental Appropriations Act, 2010 (Public 

4 Law 111–212) shall remain in effect through Sep5 tember 30, 2019. 

6 (7) ACCOUNTABILITY REVIEW BOARDS.—The 

7 authority provided by section 301(a)(3) of the Omni8 bus Diplomatic Security and Antiterrorism Act of 

9 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect 

10 for facilities in Afghanistan through September 30, 

11 2019, except that the notification and reporting re12 quirements contained in such section shall include 

13 the Committees on Appropriations. 

14 (8) SPECIAL INSPECTOR GENERAL FOR AF15 GHANISTAN RECONSTRUCTION COMPETITIVE STA16 TUS.—Notwithstanding any other provision of law, 

17 any employee of the Special Inspector General for 

18 Afghanistan Reconstruction (SIGAR) who completes 

19 at least 12 months of continuous service after the 

20 date of enactment of this Act or who is employed on 

21 the date on which SIGAR terminates, whichever oc22 curs first, shall acquire competitive status for ap23 pointment to any position in the competitive service 

24 for which the employee possesses the required quali25 fications. 


pbinns on DSK79D2C42PROD with BILLS
867 

HR 21 PCS 

1 (9) TRANSFER OF BALANCES.—Section 7081(h) 

2 of the Department of State, Foreign Operations, and 

3 Related Programs Appropriations Act, 2017 (divi4 sion J of Public Law 115–31) shall continue in ef5 fect during fiscal year 2019. 

6 (m) MONITORING AND EVALUATION.—Funds appro7 priated by this Act that are available for monitoring and 

8 evaluation of assistance under the headings ‘‘Development 

9 Assistance’’, ‘‘International Disaster Assistance’’ and 

10 ‘‘Migration and Refugee Assistance’’ shall, as appropriate, 

11 be made available for the regular collection of feedback 

12 obtained directly from beneficiaries on the quality and rel13 evance of such assistance: Provided, That the Department 

14 of State and USAID shall establish procedures for imple15 menting partners that receive funds under such headings 

16 for regularly collecting and responding to such feedback, 

17 informing the Department of State and USAID of such 

18 procedures, and reporting to the Department of State and 

19 USAID on actions taken in response to the feedback re20 ceived: Provided further, That the Department of State 

21 and USAID shall regularly conduct oversight to ensure 

22 that such feedback is regularly collected and used by im23 plementing partners to maximize the cost-effectiveness 

24 and utility of such assistance. 


pbinns on DSK79D2C42PROD with BILLS
868 

HR 21 PCS 

1 (n) HIV/AIDS WORKING CAPITAL FUND.—Funds 

2 available in the HIV/AIDS Working Capital Fund estab3 lished pursuant to section 525(b)(1) of the Foreign Oper4 ations, Export Financing, and Related Programs Appro5 priations Act, 2005 (Public Law 108–447) may be made 

6 available for pharmaceuticals and other products for other 

7 global health and child survival activities to the same ex8 tent as HIV/AIDS pharmaceuticals and other products, 

9 subject to the terms and conditions in such section: Pro10 vided, That the authority in section 525(b)(5) of the For11 eign Operations, Export Financing, and Related Programs 

12 Appropriation Act, 2005 (Public Law 108–447) shall be 

13 exercised by the Assistant Administrator for Global 

14 Health, USAID, with respect to funds deposited for such 

15 non-HIV/AIDS pharmaceuticals and other products, and 

16 shall be subject to the regular notification procedures of 

17 the Committees on Appropriations: Provided further, That 

18 the Secretary of State shall include in the congressional 

19 budget justification an accounting of budgetary resources, 

20 disbursements, balances, and reimbursements related to 

21 such fund. 

22 (o) LOANS, CONSULTATION, AND NOTIFICATION.— 

23 (1) LOAN GUARANTEES.—Funds appropriated 

24 under the headings ‘‘Economic Support Fund’’ and 

25 ‘‘Assistance for Europe, Eurasia and Central Asia’’ 


pbinns on DSK79D2C42PROD with BILLS
869 

HR 21 PCS 

1 by this Act and prior Acts making appropriations 

2 for the Department of State, foreign operations, and 

3 related programs may be made available for the 

4 costs, as defined in section 502 of the Congressional 

5 Budget Act of 1974, of loan guarantees for Jordan, 

6 Tunisia, and Ukraine, which are authorized to be 

7 provided: Provided, That amounts made available 

8 under this paragraph for the costs of such guaran9 tees shall not be considered assistance for the pur10 poses of provisions of law limiting assistance to a 

11 country. 

12 (2) DESIGNATION REQUIREMENT.—Funds 

13 made available pursuant to paragraph (1) from prior 

14 Acts making appropriations for the Department of 

15 State, foreign operations, and related programs that 

16 were previously designated by the Congress for Over17 seas Contingency Operations/Global War on Ter18 rorism pursuant to section 251(b)(2)(A)(ii) of the 

19 Balanced Budget and Emergency Deficit Control 

20 Act of 1985 are designated by the Congress for 

21 Overseas Contingency Operations/Global War on 

22 Terrorism pursuant to section 251(b)(2)(A)(ii) of 

23 such Act. 

24 (3) CONSULTATION AND NOTIFICATION.— 

25 Funds made available pursuant to the authorities of 


pbinns on DSK79D2C42PROD with BILLS
870 

HR 21 PCS 

1 this subsection shall be subject to prior consultation 

2 with the appropriate congressional committees, and 

3 subject to the regular notification procedures of the 

4 Committees on Appropriations. 

5 (p) LOCAL WORKS.— 

6 (1) Of the funds appropriated by this Act under 

7 the headings ‘‘Development Assistance’’, ‘‘Economic 

8 Support Fund’’, and ‘‘Assistance for Europe, Eur9 asia and Central Asia’’, not less than $50,000,000 

10 shall be made available for Local Works pursuant to 

11 section 7080 of the Department of State, Foreign 

12 Operations, and Related Programs Appropriations 

13 Act, 2015 (division J of Public Law 113–235), 

14 which may remain available until September 30, 

15 2023. 

16 (2) For the purposes of section 7080 of the De17 partment of State, Foreign Operations, and Related 

18 Programs Appropriations Act, 2015 (division J of 

19 Public Law 113–235), ‘‘eligible entities’’ shall be de20 fined as small local, international, and United 

21 States-based nongovernmental organizations, edu22 cational institutions, and other small entities that 

23 have received less than a total of $5,000,000 from 

24 USAID over the previous 5 fiscal years: Provided, 

25 That departments or centers of such educational inVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00870 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
871 

HR 21 PCS 

1 stitutions may be considered individually in deter2 mining such eligibility. 

3 (3) Not later than 45 days after enactment of 

4 this Act, the USAID Administrator shall post on the 

5 USAID website— 

6 (A) a description, with illustrative exam7 ples, of how Local Works is used to promote lo8 cally owned and led development efforts that 

9 have as their primary goal the sustainability of 

10 results; 

11 (B) the criteria for qualifying for Local 

12 Works funding; 

13 (C) simple guidance for submitting pro14 posals for Local Works funding, including unso15 licited proposals; and 

16 (D) a copy of the report and strategy re17 quired under the heading ‘‘Local Sustainability 

18 Awards Program’’ in Senate Report 115–152, 

19 which shall be retitled ‘‘Local Works’’. 

20 (q) DEPARTMENT OF STATE INSPECTOR GENERAL

21 WAIVER AUTHORITY.—The Inspector General of the De22 partment of State may waive the provisions of subsections 

23 (a) through (d) of section 824 of the Foreign Service Act 

24 of 1980 (22 U.S.C. 4064) on a case-by-case basis for an 

25 annuitant reemployed by the Inspector General on a temVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00871 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
872 

HR 21 PCS 

1 porary basis, subject to the same constraints and in the 

2 same manner by which the Secretary of State may exercise 

3 such waiver authority pursuant to subsection (g) of such 

4 section. 

5 (r) DEFINITIONS.— 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—Unless otherwise defined in this Act, for 

8 purposes of this Act the term ‘‘appropriate congres9 sional committees’’ means the Committees on Appro10 priations and Foreign Relations of the Senate and 

11 the Committees on Appropriations and Foreign Af12 fairs of the House of Representatives. 

13 (2) FUNDS APPROPRIATED BY THIS ACT AND

14 PRIOR ACTS.—Unless otherwise defined in this Act, 

15 for purposes of this Act the term ‘‘funds appro16 priated by this Act and prior Acts making appro17 priations for the Department of State, foreign oper18 ations, and related programs’’ means funds that re19 main available for obligation, and have not expired. 

20 (3) INTERNATIONAL FINANCIAL INSTITU21 TIONS.—In this Act ‘‘international financial institu22 tions’’ means the International Bank for Recon23 struction and Development, the International Devel24 opment Association, the International Finance Cor25 poration, the Inter-American Development Bank, the 


pbinns on DSK79D2C42PROD with BILLS
873 

HR 21 PCS 

1 International Monetary Fund, the Asian Develop2 ment Bank, the Asian Development Fund, the Inter3 American Investment Corporation, the North Amer4 ican Development Bank, the European Bank for Re5 construction and Development, the African Develop6 ment Bank, the African Development Fund, and the 

7 Multilateral Investment Guarantee Agency. 

8 (4) HUMANITARIAN ASSISTANCE.—For pur9 poses of funds appropriated by this Act and prior 

10 Acts making appropriations for the Department of 

11 State, foreign operations, and related programs that 

12 are made available for assistance for Afghanistan, 

13 Iraq, Libya, Syria, and Yemen, the term ‘‘humani14 tarian assistance’’ includes creating conditions where 

15 locally legitimate authorities and systems can peace16 ably manage conflict and prevent violence. 

17 (5) SOUTHERN KORDOFAN REFERENCE.—Any 

18 reference to Southern Kordofan in this or any other 

19 Act making appropriations for the Department of 

20 State, foreign operations, and related programs shall 

21 be deemed to include portions of Western Kordofan 

22 that were previously part of Southern Kordofan 

23 prior to the 2013 division of Southern Kordofan. 


pbinns on DSK79D2C42PROD with BILLS
874 

HR 21 PCS 

1 (6) USAID.—In this Act, the term ‘‘USAID’’ 

2 means the United States Agency for International 

3 Development. 

4 (7) SPEND PLAN.—In this Act, the term 

5 ‘‘spend plan’’ means a plan for the uses of funds ap6 propriated for a particular entity, country, program, 

7 purpose, or account and which shall include, at a 

8 minimum, a description of— 

9 (A) realistic and sustainable goals, criteria 

10 for measuring progress, and a timeline for 

11 achieving such goals; 

12 (B) amounts and sources of funds by ac13 count; 

14 (C) how such funds will complement other 

15 ongoing or planned programs; and 

16 (D) implementing partners, to the max17 imum extent practicable. 

18 (8) STABILIZATION ASSISTANCE.—In this Act, 

19 the term ‘‘stabilization assistance’’ has the same 

20 meaning as defined by the Stabilization Assistance 

21 Review in ‘‘A Framework for Maximizing the Effec22 tiveness of U.S. Government Efforts to Stabilize 

23 Conflict-Affected Areas, 2018’’. 

24 ARAB LEAGUE BOYCOTT OF ISRAEL

25 SEC. 7035. It is the sense of the Congress that— 


pbinns on DSK79D2C42PROD with BILLS
875 

HR 21 PCS 

1 (1) the Arab League boycott of Israel, and the 

2 secondary boycott of American firms that have com3 mercial ties with Israel, is an impediment to peace 

4 in the region and to United States investment and 

5 trade in the Middle East and North Africa; 

6 (2) the Arab League boycott, which was regret7 tably reinstated in 1997, should be immediately and 

8 publicly terminated, and the Central Office for the 

9 Boycott of Israel immediately disbanded; 

10 (3) all Arab League states should normalize re11 lations with their neighbor Israel; 

12 (4) the President and the Secretary of State 

13 should continue to vigorously oppose the Arab 

14 League boycott of Israel and find concrete steps to 

15 demonstrate that opposition by, for example, taking 

16 into consideration the participation of any recipient 

17 country in the boycott when determining to sell 

18 weapons to said country; and 

19 (5) the President should report to Congress an20 nually on specific steps being taken by the United 

21 States to encourage Arab League states to normalize 

22 their relations with Israel to bring about the termi23 nation of the Arab League boycott of Israel, includ24 ing those to encourage allies and trading partners of 

25 the United States to enact laws prohibiting busiVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00875 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
876 

HR 21 PCS 

1 nesses from complying with the boycott and penal2 izing businesses that do comply. 

3 PALESTINIAN STATEHOOD

4 SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None 

5 of the funds appropriated under titles III through VI of 

6 this Act may be provided to support a Palestinian state 

7 unless the Secretary of State determines and certifies to 

8 the appropriate congressional committees that— 

9 (1) the governing entity of a new Palestinian 

10 state— 

11 (A) has demonstrated a firm commitment 

12 to peaceful co-existence with the State of Israel; 

13 and 

14 (B) is taking appropriate measures to 

15 counter terrorism and terrorist financing in the 

16 West Bank and Gaza, including the dismantling 

17 of terrorist infrastructures, and is cooperating 

18 with appropriate Israeli and other appropriate 

19 security organizations; and 

20 (2) the Palestinian Authority (or the governing 

21 entity of a new Palestinian state) is working with 

22 other countries in the region to vigorously pursue ef23 forts to establish a just, lasting, and comprehensive 

24 peace in the Middle East that will enable Israel and 

25 an independent Palestinian state to exist within the 


pbinns on DSK79D2C42PROD with BILLS
877 

HR 21 PCS 

1 context of full and normal relationships, which 

2 should include— 

3 (A) termination of all claims or states of 

4 belligerency; 

5 (B) respect for and acknowledgment of the 

6 sovereignty, territorial integrity, and political 

7 independence of every state in the area through 

8 measures including the establishment of demili9 tarized zones; 

10 (C) their right to live in peace within se11 cure and recognized boundaries free from 

12 threats or acts of force; 

13 (D) freedom of navigation through inter14 national waterways in the area; and 

15 (E) a framework for achieving a just set16 tlement of the refugee problem. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that the governing entity should enact a constitution 

19 assuring the rule of law, an independent judiciary, and 

20 respect for human rights for its citizens, and should enact 

21 other laws and regulations assuring transparent and ac22 countable governance. 

23 (c) WAIVER.—The President may waive subsection 

24 (a) if the President determines that it is important to the 

25 national security interest of the United States to do so. 


pbinns on DSK79D2C42PROD with BILLS
878 

HR 21 PCS 

1 (d) EXEMPTION.—The restriction in subsection (a) 

2 shall not apply to assistance intended to help reform the 

3 Palestinian Authority and affiliated institutions, or the 

4 governing entity, in order to help meet the requirements 

5 of subsection (a), consistent with the provisions of section 

6 7040 of this Act (‘‘Limitation on Assistance for the Pales7 tinian Authority’’). 

8 RESTRICTIONS CONCERNING THE PALESTINIAN

9 AUTHORITY

10 SEC. 7037. None of the funds appropriated under ti11 tles II through VI of this Act may be obligated or ex12 pended to create in any part of Jerusalem a new office 

13 of any department or agency of the United States Govern14 ment for the purpose of conducting official United States 

15 Government business with the Palestinian Authority over 

16 Gaza and Jericho or any successor Palestinian governing 

17 entity provided for in the Israel-PLO Declaration of Prin18 ciples: Provided, That this restriction shall not apply to 

19 the acquisition of additional space for the existing Con20 sulate General in Jerusalem: Provided further, That meet21 ings between officers and employees of the United States 

22 and officials of the Palestinian Authority, or any successor 

23 Palestinian governing entity provided for in the Israel24 PLO Declaration of Principles, for the purpose of con25 ducting official United States Government business with 


pbinns on DSK79D2C42PROD with BILLS
879 

HR 21 PCS 

1 such authority should continue to take place in locations 

2 other than Jerusalem: Provided further, That as has been 

3 true in the past, officers and employees of the United 

4 States Government may continue to meet in Jerusalem on 

5 other subjects with Palestinians (including those who now 

6 occupy positions in the Palestinian Authority), have social 

7 contacts, and have incidental discussions. 

8 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

9 BROADCASTING CORPORATION

10 SEC. 7038. None of the funds appropriated or other11 wise made available by this Act may be used to provide 

12 equipment, technical support, consulting services, or any 

13 other form of assistance to the Palestinian Broadcasting 

14 Corporation. 

15 ASSISTANCE FOR THE WEST BANK AND GAZA

16 SEC. 7039. (a) OVERSIGHT.—For fiscal year 2019, 

17 30 days prior to the initial obligation of funds for the bi18 lateral West Bank and Gaza Program, the Secretary of 

19 State shall certify to the Committees on Appropriations 

20 that procedures have been established to assure the Comp21 troller General of the United States will have access to 

22 appropriate United States financial information in order 

23 to review the uses of United States assistance for the Pro24 gram funded under the heading ‘‘Economic Support 

25 Fund’’ for the West Bank and Gaza. 


pbinns on DSK79D2C42PROD with BILLS
880 

HR 21 PCS 

1 (b) VETTING.—Prior to the obligation of funds ap2 propriated by this Act under the heading ‘‘Economic Sup3 port Fund’’ for assistance for the West Bank and Gaza, 

4 the Secretary of State shall take all appropriate steps to 

5 ensure that such assistance is not provided to or through 

6 any individual, private or government entity, or edu7 cational institution that the Secretary knows or has reason 

8 to believe advocates, plans, sponsors, engages in, or has 

9 engaged in, terrorist activity nor, with respect to private 

10 entities or educational institutions, those that have as a 

11 principal officer of the entity’s governing board or gov12 erning board of trustees any individual that has been de13 termined to be involved in, or advocating terrorist activity 

14 or determined to be a member of a designated foreign ter15 rorist organization: Provided, That the Secretary of State 

16 shall, as appropriate, establish procedures specifying the 

17 steps to be taken in carrying out this subsection and shall 

18 terminate assistance to any individual, entity, or edu19 cational institution which the Secretary has determined to 

20 be involved in or advocating terrorist activity. 

21 (c) PROHIBITION.— 

22 (1) RECOGNITION OF ACTS OF TERRORISM.— 

23 None of the funds appropriated under titles III 

24 through VI of this Act for assistance under the West 


pbinns on DSK79D2C42PROD with BILLS
881 

HR 21 PCS 

1 Bank and Gaza Program may be made available 

2 for— 

3 (A) the purpose of recognizing or otherwise 

4 honoring individuals who commit, or have com5 mitted acts of terrorism; and 

6 (B) any educational institution located in 

7 the West Bank or Gaza that is named after an 

8 individual who the Secretary of State deter9 mines has committed an act of terrorism. 

10 (2) SECURITY ASSISTANCE AND REPORTING RE11 QUIREMENT.—Notwithstanding any other provision 

12 of law, none of the funds made available by this or 

13 prior appropriations Acts, including funds made 

14 available by transfer, may be made available for obli15 gation for security assistance for the West Bank and 

16 Gaza until the Secretary of State reports to the 

17 Committees on Appropriations on the benchmarks 

18 that have been established for security assistance for 

19 the West Bank and Gaza and reports on the extent 

20 of Palestinian compliance with such benchmarks. 

21 (d) OVERSIGHT BY THE UNITED STATES AGENCY

22 FOR INTERNATIONAL DEVELOPMENT.— 

23 (1) The Administrator of the United States 

24 Agency for International Development shall ensure 

25 that Federal or non-Federal audits of all contractors 


pbinns on DSK79D2C42PROD with BILLS
882 

HR 21 PCS 

1 and grantees, and significant subcontractors and 

2 sub-grantees, under the West Bank and Gaza Pro3 gram, are conducted at least on an annual basis to 

4 ensure, among other things, compliance with this 

5 section. 

6 (2) Of the funds appropriated by this Act, up 

7 to $1,000,000 may be used by the Office of Inspec8 tor General of the United States Agency for Inter9 national Development for audits, investigations, and 

10 other activities in furtherance of the requirements of 

11 this subsection: Provided, That such funds are in ad12 dition to funds otherwise available for such pur13 poses. 

14 (e) COMPTROLLER GENERAL OF THE UNITED

15 STATES AUDIT.—Subsequent to the certification specified 

16 in subsection (a), the Comptroller General of the United 

17 States shall conduct an audit and an investigation of the 

18 treatment, handling, and uses of all funds for the bilateral 

19 West Bank and Gaza Program, including all funds pro20 vided as cash transfer assistance, in fiscal year 2019 

21 under the heading ‘‘Economic Support Fund’’, and such 

22 audit shall address— 

23 (1) the extent to which such Program complies 

24 with the requirements of subsections (b) and (c); 

25 and 


pbinns on DSK79D2C42PROD with BILLS
883 

HR 21 PCS 

1 (2) an examination of all programs, projects, 

2 and activities carried out under such Program, in3 cluding both obligations and expenditures. 

4 (f) NOTIFICATION PROCEDURES.—Funds made 

5 available in this Act for West Bank and Gaza shall be 

6 subject to the regular notification procedures of the Com7 mittees on Appropriations. 

8 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN

9 AUTHORITY

10 SEC. 7040. (a) PROHIBITION OF FUNDS.—None of 

11 the funds appropriated by this Act to carry out the provi12 sions of chapter 4 of part II of the Foreign Assistance 

13 Act of 1961 may be obligated or expended with respect 

14 to providing funds to the Palestinian Authority. 

15 (b) WAIVER.—The prohibition included in subsection 

16 (a) shall not apply if the President certifies in writing to 

17 the Speaker of the House of Representatives, the Presi18 dent pro tempore of the Senate, and the Committees on 

19 Appropriations that waiving such prohibition is important 

20 to the national security interest of the United States. 

21 (c) PERIOD OF APPLICATION OF WAIVER.—Any 

22 waiver pursuant to subsection (b) shall be effective for no 

23 more than a period of 6 months at a time and shall not 

24 apply beyond 12 months after the enactment of this Act. 


pbinns on DSK79D2C42PROD with BILLS
884 

HR 21 PCS 

1 (d) REPORT.—Whenever the waiver authority pursu2 ant to subsection (b) is exercised, the President shall sub3 mit a report to the Committees on Appropriations detail4 ing the justification for the waiver, the purposes for which 

5 the funds will be spent, and the accounting procedures in 

6 place to ensure that the funds are properly disbursed: Pro7 vided, That the report shall also detail the steps the Pales8 tinian Authority has taken to arrest terrorists, confiscate 

9 weapons and dismantle the terrorist infrastructure. 

10 (e) CERTIFICATION.—If the President exercises the 

11 waiver authority under subsection (b), the Secretary of 

12 State must certify and report to the Committees on Ap13 propriations prior to the obligation of funds that the Pal14 estinian Authority has established a single treasury ac15 count for all Palestinian Authority financing and all fi16 nancing mechanisms flow through this account, no parallel 

17 financing mechanisms exist outside of the Palestinian Au18 thority treasury account, and there is a single comprehen19 sive civil service roster and payroll, and the Palestinian 

20 Authority is acting to counter incitement of violence 

21 against Israelis and is supporting activities aimed at pro22 moting peace, coexistence, and security cooperation with 

23 Israel. 

24 (f) PROHIBITION TO HAMAS AND THE PALESTINE

25 LIBERATION ORGANIZATION.— 


pbinns on DSK79D2C42PROD with BILLS
885 

HR 21 PCS 

1 (1) None of the funds appropriated in titles III 

2 through VI of this Act may be obligated for salaries 

3 of personnel of the Palestinian Authority located in 

4 Gaza or may be obligated or expended for assistance 

5 to Hamas or any entity effectively controlled by 

6 Hamas, any power-sharing government of which 

7 Hamas is a member, or that results from an agree8 ment with Hamas and over which Hamas exercises 

9 undue influence. 

10 (2) Notwithstanding the limitation of paragraph 

11 (1), assistance may be provided to a power-sharing 

12 government only if the President certifies and re13 ports to the Committees on Appropriations that such 

14 government, including all of its ministers or such 

15 equivalent, has publicly accepted and is complying 

16 with the principles contained in section 620K(b)(1) 

17 (A) and (B) of the Foreign Assistance Act of 1961, 

18 as amended. 

19 (3) The President may exercise the authority in 

20 section 620K(e) of the Foreign Assistance Act of 

21 1961, as added by the Palestinian Anti-Terrorism 

22 Act of 2006 (Public Law 109–446) with respect to 

23 this subsection. 

24 (4) Whenever the certification pursuant to 

25 paragraph (2) is exercised, the Secretary of State 


pbinns on DSK79D2C42PROD with BILLS
886 

HR 21 PCS 

1 shall submit a report to the Committees on Appro2 priations within 120 days of the certification and 

3 every quarter thereafter on whether such govern4 ment, including all of its ministers or such equiva5 lent are continuing to comply with the principles 

6 contained in section 620K(b)(1) (A) and (B) of the 

7 Foreign Assistance Act of 1961, as amended: Pro8 vided, That the report shall also detail the amount, 

9 purposes and delivery mechanisms for any assistance 

10 provided pursuant to the abovementioned certifi11 cation and a full accounting of any direct support of 

12 such government. 

13 (5) None of the funds appropriated under titles 

14 III through VI of this Act may be obligated for as15 sistance for the Palestine Liberation Organization. 

16 MIDDLE EAST AND NORTH AFRICA

17 SEC. 7041. (a) EGYPT.— 

18 (1) CERTIFICATION AND REPORT.—Funds ap19 propriated by this Act that are available for assist20 ance for Egypt may be made available notwith21 standing any other provision of law restricting as22 sistance for Egypt, except for this subsection and 

23 section 620M of the Foreign Assistance Act of 1961, 

24 and may only be made available for assistance for 

25 the Government of Egypt if the Secretary of State 


pbinns on DSK79D2C42PROD with BILLS
887 

HR 21 PCS 

1 certifies and reports to the Committees on Appro2 priations that such government is— 

3 (A) sustaining the strategic relationship 

4 with the United States; and 

5 (B) meeting its obligations under the 1979 

6 Egypt-Israel Peace Treaty. 

7 (2) ECONOMIC SUPPORT FUND.— 

8 (A) FUNDING.—Of the funds appropriated 

9 by this Act under the heading ‘‘Economic Sup10 port Fund’’, up to $75,000,000 may be made 

11 available for assistance for Egypt, of which not 

12 less than $35,000,000 should be made available 

13 for higher education programs including not 

14 less than $15,000,000 for scholarships for 

15 Egyptian students with high financial need to 

16 attend not-for-profit institutions of higher edu17 cation: Provided, That such funds shall be made 

18 available for democracy programs, and for de19 velopment programs in the Sinai: Provided fur20 ther, That such funds may not be made avail21 able for cash transfer assistance or budget sup22 port unless the Secretary of State certifies and 

23 reports to the appropriate congressional com24 mittees that the Government of Egypt is taking 

25 consistent and effective steps to stabilize the 


pbinns on DSK79D2C42PROD with BILLS
888 

HR 21 PCS 

1 economy and implement market-based economic 

2 reforms. 

3 (B) WITHHOLDING.—The Secretary of 

4 State shall withhold from obligation funds ap5 propriated by this Act under the heading ‘‘Eco6 nomic Support Fund’’ for assistance for Egypt, 

7 an amount of such funds that the Secretary de8 termines to be equivalent to that expended by 

9 the United States Government for bail, and by 

10 nongovernmental organizations for legal and 

11 court fees, associated with democracy-related 

12 trials in Egypt until the Secretary certifies and 

13 reports to the Committees on Appropriations 

14 that the Government of Egypt has dismissed 

15 the convictions issued by the Cairo Criminal 

16 Court on June 4, 2013, in ‘‘Public Prosecution 

17 Case No. 1110 for the Year 2012’’, and has not 

18 subjected the defendants to further prosecution 

19 or if convicted they have been granted full par20 dons. 

21 (C) LIMITATION.—None of the funds ap22 propriated by this Act and prior Acts making 

23 appropriations for the Department of State, 

24 foreign operations, and related programs under 

25 the heading ‘‘Economic Support Fund’’ may be 


pbinns on DSK79D2C42PROD with BILLS
889 

HR 21 PCS 

1 made available for a contribution, voluntary or 

2 otherwise, to the ‘‘Civil Associations and Foun3 dations Support Fund’’, or any similar fund, es4 tablished pursuant to Law 70 on Associations 

5 and Other Foundations Working in the Field of 

6 Civil Work published in the Official Gazette of 

7 Egypt on May 29, 2017. 

8 (3) FOREIGN MILITARY FINANCING PRO9 GRAM.— 

10 (A) CERTIFICATION.—Of the funds appro11 priated by this Act under the heading ‘‘Foreign 

12 Military Financing Program’’, up to 

13 $1,000,000,000, to remain available until Sep14 tember 30, 2020, may be made available for as15 sistance for Egypt: Provided, That such funds 

16 may be transferred to an interest bearing ac17 count in the Federal Reserve Bank of New 

18 York, following consultation with the Commit19 tees on Appropriations: Provided further, That 

20 $300,000,000 of such funds shall be withheld 

21 from obligation until the Secretary of State cer22 tifies and reports to the Committees on Appro23 priations that the Government of Egypt is tak24 ing sustained and effective steps, which are in 


pbinns on DSK79D2C42PROD with BILLS
890 

HR 21 PCS 

1 addition to steps taken during the previous cal2 endar year for such purposes, to— 

3 (i) advance democracy and human 

4 rights in Egypt, including to govern demo5 cratically and protect religious minorities 

6 and the rights of women; 

7 (ii) implement reforms that protect 

8 freedoms of expression, association, and 

9 peaceful assembly, including the ability of 

10 civil society organizations, human rights 

11 defenders, and the media to function with12 out interference; 

13 (iii) release political prisoners and 

14 provide other detainees with due process of 

15 law; 

16 (iv) hold Egyptian security forces ac17 countable, including officers credibly al18 leged to have violated human rights; 

19 (v) investigate and prosecute cases of 

20 extrajudicial killings and forced disappear21 ances; 

22 (vi) provide regular access for United 

23 States officials to monitor such assistance 

24 in all areas where the assistance is used; 

25 and 


pbinns on DSK79D2C42PROD with BILLS
891 

HR 21 PCS 

1 (vii) comply with United Nations Se2 curity Council Resolution 2270 and other 

3 such resolutions regarding North Korea: 

4 Provided further, That the certification require5 ment of this paragraph shall not apply to funds 

6 appropriated by this Act under such heading 

7 for counterterrorism, border security, and non8 proliferation programs for Egypt. 

9 (B) WAIVER.—The Secretary of State may 

10 waive the certification requirement in subpara11 graph (A) if the Secretary determines and re12 ports to the Committees on Appropriations that 

13 to do so is important to the national security 

14 interest of the United States, and submits a re15 port to such Committees containing a detailed 

16 justification for the use of such waiver and the 

17 reasons why any of the requirements of sub18 paragraph (A) cannot be met: Provided, That 

19 the report required by this paragraph shall be 

20 submitted in unclassified form, but may be ac21 companied by a classified annex. 

22 (4) OVERSIGHT REQUIREMENT.—The Secretary 

23 of State shall take all practicable steps to ensure 

24 that mechanisms are in place for monitoring, overVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00891 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
892 

HR 21 PCS 

1 sight, and control of funds made available by this 

2 subsection for assistance for Egypt. 

3 (5) REPORT.—Not later than 30 days after en4 actment of this Act, the Secretary of State shall sub5 mit a report to the appropriate congressional com6 mittees assessing the efforts by the Government of 

7 Egypt to provide fair compensation to American cit8 izen April Corely for injuries and losses sustained 

9 during an attack by Egyptian armed forces on her 

10 tour group on September 13, 2015. 

11 (b) IRAN.— 

12 (1) FUNDING.—Funds appropriated by this Act 

13 under the headings ‘‘Diplomatic Programs’’, ‘‘Eco14 nomic Support Fund’’, and ‘‘Nonproliferation, Anti15 terrorism, Demining and Related Programs’’ shall 

16 be used by the Secretary of State— 

17 (A) to support the United States policy to 

18 prevent Iran from achieving the capability to 

19 produce or otherwise obtain a nuclear weapon; 

20 (B) to support an expeditious response to 

21 any violation of United Nations Security Coun22 cil Resolutions or other efforts that advance 

23 Iran’s nuclear program; 

24 (C) to support the implementation and en25 forcement of sanctions against Iran for support 


pbinns on DSK79D2C42PROD with BILLS
893 

HR 21 PCS 

1 of nuclear weapons development, terrorism, 

2 human rights abuses, and ballistic missile and 

3 weapons proliferation; and 

4 (D) for democracy programs for Iran, to 

5 be administered by the Assistant Secretary for 

6 Near Eastern Affairs, Department of State, in 

7 consultation with the Assistant Secretary for 

8 Democracy, Human Rights, and Labor, Depart9 ment of State. 

10 (2) CONTINUATION OF PROHIBITION.—The 

11 terms and conditions of section 7041(c)(2) of the 

12 Department of State, Foreign Operations, and Re13 lated Programs Appropriations Act, 2012 (division I 

14 of Public Law 112–74) shall continue in effect dur15 ing fiscal year 2019. 

16 (3) REPORT.—The Secretary of State shall sub17 mit to the Committees on Appropriations the semi18 annual report required by section 135 of the Atomic 

19 Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as 

20 added by section 2 of the Iran Nuclear Agreement 

21 Review Act of 2015 (Public Law 114–17). 

22 (c) IRAQ.—Funds appropriated under titles III and 

23 IV of this Act shall be made available for assistance for 

24 Iraq for— 


pbinns on DSK79D2C42PROD with BILLS
894 

HR 21 PCS 

1 (1) bilateral economic assistance and inter2 national security assistance, including for the Marla 

3 Ruzicka Iraqi War Victims Fund; 

4 (2) stabilization assistance at not less than the 

5 amounts specified for such purpose in the table 

6 under this subsection in the report accompanying 

7 this Act; 

8 (3) humanitarian assistance, including in the 

9 Kurdistan Region of Iraq; and 

10 (4) programs to protect and assist religious and 

11 ethnic minority populations in Iraq. 

12 (d) JORDAN.—Of the funds appropriated by this Act 

13 under titles III and IV, not less than $1,525,000,000 shall 

14 be made available for assistance for Jordan, of which: not 

15 less than $1,082,400,000 shall be made available under 

16 the heading ‘‘Economic Support Fund’’, of which not less 

17 than $745,100,000 shall be made available for budget sup18 port for the Government of Jordan; and not less than 

19 $425,000,000 shall be made available under the heading 

20 ‘‘Foreign Military Financing Program’’. 

21 (e) LEBANON.— 

22 (1) LIMITATION.—None of the funds appro23 priated by this Act may be made available for the 

24 Lebanese Internal Security Forces (ISF) or the Leb25 anese Armed Forces (LAF) if the ISF or the LAF 


pbinns on DSK79D2C42PROD with BILLS
895 

HR 21 PCS 

1 is controlled by a foreign terrorist organization, as 

2 designated pursuant to section 219 of the Immigra3 tion and Nationality Act (8 U.S.C. 1189). 

4 (2) CONSULTATION.—Funds appropriated by 

5 this Act under the headings ‘‘International Narcotics 

6 Control and Law Enforcement’’ and ‘‘Foreign Mili7 tary Financing Program’’ that are available for as8 sistance for Lebanon may be made available for pro9 grams and equipment for the ISF and the LAF to 

10 address security and stability requirements in areas 

11 affected by the conflict in Syria, following consulta12 tion with the appropriate congressional committees. 

13 (3) ECONOMIC SUPPORT FUND.—Funds appro14 priated by this Act under the heading ‘‘Economic 

15 Support Fund’’ that are available for assistance for 

16 Lebanon may be made available notwithstanding 

17 section 1224 of the Foreign Relations Authorization 

18 Act, Fiscal Year 2003 (Public Law 107–228; 22 

19 U.S.C. 2346 note). 

20 (4) FOREIGN MILITARY FINANCING PRO21 GRAM.—In addition to the activities described in 

22 paragraph (2), funds appropriated by this Act under 

23 the heading ‘‘Foreign Military Financing Program’’ 

24 for assistance for Lebanon may be made available 

25 only to professionalize the LAF and to strengthen 


pbinns on DSK79D2C42PROD with BILLS
896 

HR 21 PCS 

1 border security and combat terrorism, including 

2 training and equipping the LAF to secure Lebanon’s 

3 borders, interdicting arms shipments, preventing the 

4 use of Lebanon as a safe haven for terrorist groups, 

5 and to implement United Nations Security Council 

6 Resolution 1701: Provided, That funds may not be 

7 obligated for assistance for the LAF until the Sec8 retary of State submits to the Committees on Appro9 priations a spend plan, including actions to be taken 

10 to ensure equipment provided to the LAF is only 

11 used for the intended purposes, except such plan 

12 may not be considered as meeting the notification 

13 requirements under section 7015 of this Act or 

14 under section 634A of the Foreign Assistance Act of 

15 1961, and shall be submitted not later than Sep16 tember 1, 2019: Provided further, That any notifica17 tion submitted pursuant to such sections shall in18 clude any funds specifically intended for lethal mili19 tary equipment. 

20 (f) LIBYA.— 

21 (1) ASSISTANCE.—Of the funds appropriated 

22 under titles III and IV of this Act, not less than 

23 $30,000,000 shall be made available for stabilization 

24 assistance, including border security: Provided, That 

25 the limitation on the uses of funds for certain infraVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00896 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
897 

HR 21 PCS 

1 structure projects in section 7041(f)(2) of the De2 partment of State, Foreign Operations, and Related 

3 Programs Appropriations Act, 2014 (division K of 

4 Public Law 113–76) shall apply to such funds. 

5 (2) COOPERATION ON THE SEPTEMBER 2012 AT6 TACK ON UNITED STATES PERSONNEL AND FACILI7 TIES.—None of the funds appropriated by this Act 

8 may be made available for assistance for the central 

9 Government of Libya unless the Secretary of State 

10 certifies and reports to the Committees on Appro11 priations that such government is cooperating with 

12 United States Government efforts to investigate and 

13 bring to justice those responsible for the attack on 

14 United States personnel and facilities in Benghazi, 

15 Libya in September 2012: Provided, That the limita16 tion in this paragraph shall not apply to funds made 

17 available for the purpose of protecting United States 

18 Government personnel or facilities. 

19 (g) MOROCCO.—Funds appropriated by this Act 

20 under the heading ‘‘Foreign Military Financing Program’’ 

21 that are available for assistance for Morocco may only be 

22 used for the purposes requested in the Congressional 

23 Budget Justification, Foreign Operations, Fiscal Year 

24 2017. 

25 (h) SYRIA.— 


pbinns on DSK79D2C42PROD with BILLS
898 

HR 21 PCS 

1 (1) NON-LETHAL ASSISTANCE.—Funds appro2 priated by this Act under the headings ‘‘Economic 

3 Support Fund’’, ‘‘International Narcotics Control 

4 and Law Enforcement’’, and ‘‘Peacekeeping Oper5 ations’’ shall be made available, notwithstanding any 

6 other provision of law, for non-lethal assistance for 

7 Syria, of which not less than $150,000,000, to re8 main available until expended, shall be made avail9 able for stabilization assistance. 

10 (2) SYRIAN ORGANIZATIONS.—Funds appro11 priated by this Act that are made available for as12 sistance for Syria shall be made available, on an 

13 open and competitive basis, to continue to strength14 en the capability of Syrian civil society organizations 

15 to address the immediate and long-term needs of the 

16 Syrian people in Syria in a manner that supports 

17 the sustainability of such organizations in imple18 menting Syrian-led humanitarian and development 

19 programs: Provided, That funds made available by 

20 this paragraph shall be administered by the Bureau 

21 for Democracy, Human Rights, and Labor, Depart22 ment of State. 

23 (3) LIMITATION.—None of the funds appro24 priated by this Act for assistance for Syria may be 

25 made available for a project or activity that supports 


pbinns on DSK79D2C42PROD with BILLS
899 

HR 21 PCS 

1 or otherwise legitimizes the Government of Iran, for2 eign terrorist organizations (as designated pursuant 

3 to section 219 of the Immigration and Nationality 

4 Act (8 U.S.C. 1189)), or a proxy of Iran in Syria. 

5 (4) CONSULTATION AND NOTIFICATION.— 

6 Funds made available pursuant to this subsection 

7 may only be made available following consultation 

8 with the appropriate congressional committees, and 

9 shall be subject to the regular notification proce10 dures of the Committees on Appropriations. 

11 (i) TUNISIA.—Of the funds appropriated under titles 

12 III and IV of this Act, not less than $165,400,000 shall 

13 be made available for assistance for Tunisia. 

14 (j) WEST BANK AND GAZA.— 

15 (1) REPORT ON ASSISTANCE.—Prior to the ini16 tial obligation of funds made available by this Act 

17 under the heading ‘‘Economic Support Fund’’ for 

18 assistance for the West Bank and Gaza, the Sec19 retary of State shall report to the Committees on 

20 Appropriations that the purpose of such assistance 

21 is to— 

22 (A) advance Middle East peace; 

23 (B) improve security in the region; 

24 (C) continue support for transparent and 

25 accountable government institutions; 


pbinns on DSK79D2C42PROD with BILLS
900 

HR 21 PCS 

1 (D) promote a private sector economy; or 

2 (E) address urgent humanitarian needs. 

3 (2) LIMITATIONS.— 

4 (A)(i) None of the funds appropriated 

5 under the heading ‘‘Economic Support Fund’’ 

6 in this Act may be made available for assistance 

7 for the Palestinian Authority, if after the date 

8 of enactment of this Act— 

9 (I) the Palestinians obtain the same 

10 standing as member states or full member11 ship as a state in the United Nations or 

12 any specialized agency thereof outside an 

13 agreement negotiated between Israel and 

14 the Palestinians; or 

15 (II) the Palestinians initiate an Inter16 national Criminal Court (ICC) judicially 

17 authorized investigation, or actively sup18 port such an investigation, that subjects 

19 Israeli nationals to an investigation for al20 leged crimes against Palestinians. 

21 (ii) The Secretary of State may waive the 

22 restriction in clause (i) of this subparagraph re23 sulting from the application of subclause (I) of 

24 such clause if the Secretary certifies to the 

25 Committees on Appropriations that to do so is 


pbinns on DSK79D2C42PROD with BILLS
901 

HR 21 PCS 

1 in the national security interest of the United 

2 States, and submits a report to such Commit3 tees detailing how the waiver and the continu4 ation of assistance would assist in furthering 

5 Middle East peace. 

6 (B)(i) The President may waive the provi7 sions of section 1003(1) and (2) of the Foreign 

8 Relations Authorization Act, Fiscal Years 1988 

9 and 1989 (Public Law 100–204) if the Presi10 dent determines and certifies in writing to the 

11 Speaker of the House of Representatives, the 

12 President pro tempore of the Senate, and the 

13 appropriate congressional committees that it is 

14 important to the national security interest of 

15 the United States or the conduct of diplomacy: 

16 Provided, That such waiver shall be effective for 

17 no more than a period of six months at a time. 

18 (ii) Upon written certification to the 

19 Speaker of the House of Representatives, the 

20 President pro tempore of the Senate, and the 

21 appropriate congressional committees, the 

22 President may waive the provisions of section 

23 1003(3) of Public Law 100–204. 

24 (3) PRIVATE SECTOR PARTNERSHIP PRO25 GRAMS.— 


pbinns on DSK79D2C42PROD with BILLS
902 

HR 21 PCS 

1 (A) ASSISTANCE.—Of the funds appro2 priated by this Act under the heading ‘‘Eco3 nomic Support Fund’’ not less than 

4 $50,000,000 shall be made available, following 

5 consultation with the Committees on Appropria6 tions, for assistance for the West Bank and 

7 Gaza to— 

8 (i) promote the integration of the Pal9 estinian economy into the international 

10 business system through private sector en11 gagement between Palestinian entre12 preneurs and businesses and the private 

13 sector in the United States, Europe, and 

14 the Middle East; and 

15 (ii) support exchanges, cooperation, 

16 dialogue, shared community-building, and 

17 reconciliation between Palestinians and 

18 Israelis. 

19 (B) ADMINISTRATION OF FUNDS.—Funds 

20 made available pursuant to subparagraph (A) 

21 shall be administered by the United States 

22 Agency for International Development, and may 

23 be made available for a Palestinian Partnership 

24 Fund to be established and managed by 

25 USAID: Provided, That the USAID AdminisVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00902 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
903 

HR 21 PCS 

1 trator shall seek additional contributions for 

2 such Fund from other international donors, in3 cluding from the Middle East. 

4 (C) LIMITATIONS.—None of the funds 

5 made available pursuant to subparagraph (A) 

6 may be made available for— 

7 (i) assistance for the Palestinian Au8 thority; and 

9 (ii) assistance for any individual or 

10 group that the USAID Administrator, in 

11 consultation with the heads of relevant 

12 Federal agencies, determines to be involved 

13 in, or advocating, terrorist activity or a 

14 member of a foreign terrorist organization, 

15 as designated pursuant to section 219 of 

16 the Immigration and Nationality Act (8 

17 U.S.C. 1189). 

18 (4) SECURITY REPORT.—The reporting require19 ments in section 1404 of the Supplemental Appro20 priations Act, 2008 (Public Law 110–252) shall 

21 apply to funds made available by this Act, including 

22 a description of modifications, if any, to the security 

23 strategy of the Palestinian Authority. 

24 (5) OBLIGATIONS AND DISBURSEMENTS.—Not 

25 later than 45 days after enactment of this Act, the 


pbinns on DSK79D2C42PROD with BILLS
904 

HR 21 PCS 

1 Secretary of State shall submit to the appropriate 

2 congressional committees a report detailing assist3 ance for the West Bank and Gaza appropriated in 

4 prior Acts making appropriations for the Depart5 ment of State, foreign operations, and related pro6 grams by fiscal year, account, and program that are 

7 withheld from obligation or disbursement, the spe8 cific reason for such withholding, and the impact of 

9 such withholding on the welfare of the Palestinian 

10 people and the national interests of the United 

11 States, Israel, and Jordan: Provided, That such re12 port shall also include a description of any policy re13 view on assistance for the West Bank and Gaza un14 dertaken by the Department of State, USAID, or 

15 any other Federal entity, including the date on 

16 which the review was initiated, the participants in 

17 the review, any consultations by such participants 

18 with foreign or nongovernmental entities, and the 

19 findings of the review, if concluded. 

20 (k) WESTERN SAHARA.—Funds appropriated under 

21 title III of this Act shall be made available for assistance 

22 for the Western Sahara: Provided, That not later than 90 

23 days after enactment of this Act and prior to the obliga24 tion of such funds, the Secretary of State, in consultation 

25 with the USAID Administrator, shall consult with the 


pbinns on DSK79D2C42PROD with BILLS
905 

HR 21 PCS 

1 Committees on Appropriations on the planned uses of such 

2 funds: Provided further, That nothing in this Act shall be 

3 construed to change the policy of the United States to sup4 port the United Nations-led process to monitor the 

5 ceasefire and bring about a peaceful, sustainable, and mu6 tually agreed upon solution for the Western Sahara. 

7 (l) YEMEN.—Of the funds appropriated by this Act 

8 under the heading ‘‘Economic Support Fund’’, not less 

9 than $15,000,000 shall be made available for stabilization 

10 assistance for Yemen. 

11 AFRICA

12 SEC. 7042. (a) AFRICAN GREAT LAKES REGION AS13 SISTANCE RESTRICTION.—Funds appropriated by this Act 

14 under the heading ‘‘International Military Education and 

15 Training’’ for the central government of a country in the 

16 African Great Lakes region may be made available only 

17 for Expanded International Military Education and Train18 ing and professional military education until the Secretary 

19 of State determines and reports to the Committees on Ap20 propriations that such government is not facilitating or 

21 otherwise participating in destabilizing activities in a 

22 neighboring country, including aiding and abetting armed 

23 groups. 

24 (b) CENTRAL AFRICAN REPUBLIC.—Funds made 

25 available by this Act for assistance for the Central African 


pbinns on DSK79D2C42PROD with BILLS
906 

HR 21 PCS 

1 Republic shall be made available for reconciliation and 

2 peacebuilding programs, including activities to promote 

3 inter-faith dialogue at the national and local levels, and 

4 for programs to prevent crimes against humanity. 

5 (c) ETHIOPIA.— 

6 (1) FORCED EVICTIONS.—Funds appropriated 

7 by this Act for assistance for Ethiopia may not be 

8 made available for any activity that supports forced 

9 evictions. 

10 (2) CONSULTATION.—Programs and activities 

11 to improve livelihoods shall include prior consulta12 tion with, and the participation of, affected commu13 nities, including in the South Omo and Gambella re14 gions. 

15 (d) LAKE CHAD BASIN COUNTRIES.— 

16 (1) ASSISTANCE.—Funds appropriated under 

17 titles III and IV of this Act shall be made available, 

18 following consultation with the Committees on Ap19 propriations, for assistance for Cameroon, Chad, 

20 Niger, and Nigeria for— 

21 (A) democracy, development, and global 

22 health programs; 

23 (B) assistance for individuals who are tar24 geted by foreign terrorist organizations, includVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00906 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
907 

HR 21 PCS 

1 ing Boko Haram, consistent with the provisions 

2 of section 7059 of this Act; 

3 (C) assistance for individuals displaced by 

4 violent conflict; and 

5 (D) counterterrorism programs. 

6 (2) PERSONNEL.—Funds appropriated under 

7 the headings ‘‘Operating Expenses’’ in title II and 

8 ‘‘Development Assistance’’ and ‘‘Economic Support 

9 Fund’’ in title III of this Act and prior Acts making 

10 appropriations for the Department of State, foreign 

11 operations, and related programs shall be made 

12 available to increase the number of United States 

13 Agency for International Development personnel, in14 cluding contractors, in Cameroon, Chad, and Niger, 

15 including to establish or increase the size of each re16 spective USAID mission, as applicable, to effectively 

17 manage democracy and development programs made 

18 available pursuant to this Act: Provided, That not 

19 later than 180 days after enactment of this Act, the 

20 USAID Administrator, in consultation with the Sec21 retary of State, shall submit a report to the appro22 priate congressional committees detailing steps taken 

23 as of such date, and steps planned to be taken, to 

24 increase the presence of USAID personnel, including 


pbinns on DSK79D2C42PROD with BILLS
908 

HR 21 PCS 

1 United States Direct Hire personnel, in Cameroon, 

2 Chad, and Niger. 

3 (e) COUNTER LORD’S RESISTANCE ARMY.—Of the 

4 funds appropriated by this Act under the heading ‘‘Eco5 nomic Support Fund’’, not less than $10,000,000 shall be 

6 made available for programs and activities in areas af7 fected by the Lord’s Resistance Army (LRA) consistent 

8 with the goals of the Lord’s Resistance Army Disar9 mament and Northern Uganda Recovery Act of 2009 

10 (Public Law 111–172), including to improve physical ac11 cess, telecommunications infrastructure, and early-warn12 ing mechanisms and to support the disarmament, demobi13 lization, and reintegration of former LRA combatants, es14 pecially child soldiers. 

15 (f) SOUTH SUDAN.—Funds appropriated by this Act 

16 that are made available for assistance for the central Gov17 ernment of South Sudan may only be made available, fol18 lowing consultation with the Committees on Appropria19 tions, for— 

20 (1) humanitarian assistance; 

21 (2) assistance to support South Sudan peace 

22 negotiations or to advance or implement a peace 

23 agreement; and 

24 (3) assistance to support implementation of 

25 outstanding issues of the Comprehensive Peace 


pbinns on DSK79D2C42PROD with BILLS
909 

HR 21 PCS 

1 Agreement and mutual arrangements related to such 

2 agreement: 

3 Provided, That funds appropriated by this Act for assist4 ance for South Sudan that are made available for 

5 peacebuilding and conflict mitigation shall be made avail6 able at not less than the fiscal year 2017 levels: Provided 

7 further, That prior to the initial obligation of funds made 

8 available pursuant to paragraphs (2) and (3), the Sec9 retary of State shall consult with the Committees on Ap10 propriations on the intended uses of such funds and steps 

11 taken by such government to advance or implement a 

12 peace agreement. 

13 (g) SUDAN.— 

14 (1) LIMITATIONS.— 

15 (A) ASSISTANCE.—Notwithstanding any 

16 other provision of law, none of the funds appro17 priated by this Act may be made available for 

18 assistance for the Government of Sudan. 

19 (B) LOANS.—None of the funds appro20 priated by this Act may be made available for 

21 the cost, as defined in section 502 of the Con22 gressional Budget Act of 1974, of modifying 

23 loans and loan guarantees held by the Govern24 ment of Sudan, including the cost of selling, re25 ducing, or canceling amounts owed to the 


pbinns on DSK79D2C42PROD with BILLS
910 

HR 21 PCS 

1 United States, and modifying concessional 

2 loans, guarantees, and credit agreements. 

3 (2) EXCLUSIONS.—The limitations of para4 graph (1) shall not apply to— 

5 (A) humanitarian assistance; 

6 (B) assistance for democracy programs; 

7 (C) assistance for the Darfur region, 

8 Southern Kordofan State, Blue Nile State, 

9 other marginalized areas and populations in 

10 Sudan, and Abyei; and 

11 (D) assistance to support implementation 

12 of outstanding issues of the Comprehensive 

13 Peace Agreement, mutual arrangements related 

14 to post-referendum issues associated with such 

15 Agreement, or any other internationally recog16 nized viable peace agreement in Sudan. 

17 (h) ZIMBABWE.—Funds appropriated by this Act 

18 shall be made available for assistance for Zimbabwe fol19 lowing consultation with the appropriate congressional 

20 committees: Provided, That such funds may only be made 

21 available for assistance for the central Government of 

22 Zimbabwe if the Secretary of State certifies and reports 

23 to such committees that such Government has— 


pbinns on DSK79D2C42PROD with BILLS
911 

HR 21 PCS 

1 (1) restored the rule of law, including respect 

2 for ownership and title to property, and freedoms of 

3 expression, association, and assembly; 

4 (2) taken steps to publicly disclose revenues 

5 from the extraction of natural resources; and 

6 (3) held free and fair presidential and par7 liamentary elections: 

8 Provided further, That the limitation of the previous pro9 viso shall not apply to funds made available for health and 

10 education programs. 

11 EAST ASIA AND THE PACIFIC

12 SEC. 7043. (a) BURMA.— 

13 (1) BILATERAL ECONOMIC ASSISTANCE.— 

14 (A) ECONOMIC SUPPORT FUND.—Funds 

15 appropriated by this Act under the heading 

16 ‘‘Economic Support Fund’’ for assistance for 

17 Burma may be made available notwithstanding 

18 any other provision of law, except for this sub19 section, and following consultation with the ap20 propriate congressional committees. 

21 (B) USES.—Funds appropriated under 

22 title III of this Act for assistance for Burma— 

23 (i) shall be made available to 

24 strengthen civil society organizations in 


pbinns on DSK79D2C42PROD with BILLS
912 

HR 21 PCS 

1 Burma and for programs to strengthen 

2 independent media; 

3 (ii) shall be made available for com4 munity-based organizations operating in 

5 Thailand to provide food, medical, and 

6 other humanitarian assistance to internally 

7 displaced persons in eastern Burma, in ad8 dition to assistance for Burmese refugees 

9 from funds appropriated by this Act under 

10 the heading ‘‘Migration and Refugee As11 sistance’’; 

12 (iii) shall be made available for pro13 grams to promote ethnic and religious tol14 erance and to combat gender-based vio15 lence, including in Rakhine, Shan, Kachin, 

16 and Karen states; 

17 (iv) shall be made available to pro18 mote rural economic development in 

19 Burma, including through microfinance 

20 programs; 

21 (v) shall be made available to increase 

22 opportunities for foreign direct investment 

23 by strengthening the rule of law, trans24 parency, and accountability; 


pbinns on DSK79D2C42PROD with BILLS
913 

HR 21 PCS 

1 (vi) shall be made available for pro2 grams to investigate and document allega3 tions of ethnic cleansing and other gross 

4 violations of human rights committed 

5 against the Rohingya people in Rakhine 

6 state: Provided, That such funds shall be 

7 made available for civil society organiza8 tions in Bangladesh and Burma for such 

9 purposes: Provided further, That prior to 

10 the obligation of such funds, the Assistant 

11 Secretary for Democracy, Human Rights, 

12 and Labor, Department of State, shall en13 sure the establishment of a standard docu14 mentation format and documentation pro15 cedures for use by such organizations, and 

16 shall identify an appropriate repository for 

17 such information: Provided further, That 

18 such sums shall be in addition to funds 

19 otherwise made available for such pur20 poses; 

21 (vii) shall be made available for pro22 grams to investigate and document allega23 tions of gross violations of human rights 

24 committed in Burma, particularly in areas 

25 of conflict: Provided, That such funds shall 


pbinns on DSK79D2C42PROD with BILLS
914 

HR 21 PCS 

1 be made available for civil society and 

2 international organizations, including those 

3 in countries bordering Burma; 

4 (viii) may not be made available to 

5 any individual or organization if the Sec6 retary of State has credible information 

7 that such individual or organization has 

8 committed a gross violation of human 

9 rights, including against Rohingya and 

10 other minority groups, or that advocates 

11 violence against ethnic or religious groups 

12 or individuals in Burma; 

13 (ix) may not be made available to any 

14 organization or entity controlled by the 

15 armed forces of Burma; 

16 (x) may be made available for ethnic 

17 groups and civil society in Burma to help 

18 sustain ceasefire agreements and further 

19 prospects for reconciliation and peace, 

20 which may include support to representa21 tives of ethnic armed groups for this pur22 pose; and 

23 (xi) may only be made available for 

24 programs to support the return of 

25 Rohingya, Karen, and other refugees and 


pbinns on DSK79D2C42PROD with BILLS
915 

HR 21 PCS 

1 internally displaced persons to their loca2 tions of origin or preference in Burma if 

3 such returns are voluntary and consistent 

4 with international law. 

5 (2) INTERNATIONAL SECURITY ASSISTANCE.— 

6 None of the funds appropriated by this Act under 

7 the headings ‘‘International Military Education and 

8 Training’’ and ‘‘Foreign Military Financing Pro9 gram’’ may be made available for assistance for 

10 Burma: Provided, That the Department of State 

11 may continue consultations with the armed forces of 

12 Burma only on human rights and disaster response 

13 in a manner consistent with the prior fiscal year, 

14 and following consultation with the appropriate con15 gressional committees. 

16 (3) CERTIFICATION AND WAIVER.— 

17 (A) Notwithstanding any provision of this 

18 subsection, of the funds appropriated by this 

19 Act under the heading ‘‘Economic Support 

20 Fund’’ that are made available for assistance 

21 for Burma, 15 percent may not be obligated 

22 until the Secretary of State certifies and reports 

23 to the Committees on Appropriations that the 

24 Government of Burma— 


pbinns on DSK79D2C42PROD with BILLS
916 

HR 21 PCS 

1 (i) has terminated military coopera2 tion with North Korea; 

3 (ii) is respecting human rights and 

4 the rule of law, including the arrest and 

5 prosecution of journalists; 

6 (iii) is revising, updating, or repealing 

7 colonial-era and other oppressive laws that 

8 are used in such prosecutions, including 

9 the Unlawful Associations Act; and 

10 (iv) is credibly investigating the mur11 der of U Ko Ni, and is taking steps to pro12 tect and defend the security and safety of 

13 other activists. 

14 (B) The Secretary of State may waive the 

15 requirements of this paragraph if the Secretary 

16 determines and reports to the Committees on 

17 Appropriations that do so is in the national in18 terest. 

19 (4) PROGRAMS, POSITION, AND RESPONSIBIL20 ITIES.— 

21 (A) Any new program or activity in Burma 

22 initiated in fiscal year 2019 shall be subject to 

23 prior consultation with the appropriate congres24 sional committees. 


pbinns on DSK79D2C42PROD with BILLS
917 

HR 21 PCS 

1 (B) Section 7043(b)(7) of the Department 

2 of State, Foreign Operations, and Related Pro3 grams Appropriations Act, 2015 (division J of 

4 Public Law 113–235) shall continue in effect 

5 during fiscal year 2019. 

6 (C) The United States Chief of Mission in 

7 Burma, in consultation with the Assistant Sec8 retary for Democracy, Human Rights, and 

9 Labor, Department of State, shall be respon10 sible for democracy and human rights programs 

11 in Burma. 

12 (b) CAMBODIA.— 

13 (1) ASSISTANCE.— 

14 (A) None of the funds appropriated by this 

15 Act that are made available for assistance for 

16 the Government of Cambodia may be obligated 

17 or expended unless the Secretary of State cer18 tifies and reports to the Committees on Appro19 priations that such Government is taking effec20 tive steps to— 

21 (i) strengthen regional security and 

22 stability, particularly regarding territorial 

23 disputes in the South China Sea and the 

24 enforcement of international sanctions with 

25 respect to North Korea; and 


pbinns on DSK79D2C42PROD with BILLS
918 

HR 21 PCS 

1 (ii) respect the rights and responsibil2 ities enshrined in the Constitution of the 

3 Kingdom of Cambodia as enacted in 1993, 

4 including through the— 

5 (I) restoration of the civil and 

6 political rights of the opposition Cam7 bodia National Rescue Party, media, 

8 and civil society organizations; 

9 (II) restoration of all elected offi10 cials to their elected offices; and 

11 (III) release of all political pris12 oners, including journalists, civil soci13 ety activists, and members of the op14 position political party. 

15 (B) Funds appropriated under title III of 

16 this Act for assistance for Cambodia shall be 

17 made available for— 

18 (i) democracy programs, including re19 search and education programs associated 

20 with the Khmer Rouge in Cambodia, ex21 cept that no funds for such purposes may 

22 be made available to the Extraordinary 

23 Chambers in the Court of Cambodia; and 


pbinns on DSK79D2C42PROD with BILLS
919 

HR 21 PCS 

1 (ii) programs in the Khmer language 

2 to counter the influence of the People’s Re3 public of China in Cambodia. 

4 (C) Section 307(a) of the Foreign Assist5 ance Act of 1961 shall be deemed to apply to 

6 funds appropriated by this Act and made avail7 able for assistance for Cambodia, except the 

8 Secretary of State may waive the requirement 

9 of this paragraph if the Secretary certifies and 

10 reports to the Committees on Appropriations 

11 that the Government of Cambodia has held free 

12 and fair elections. 

13 (2) VISA RESTRICTION.—Funds appropriated 

14 under title I of this Act shall be made available to 

15 continue to implement the policy announced by the 

16 Department of State on December 6, 2017, to re17 strict the issuance of visas to enter the United 

18 States to individuals involved in undermining democ19 racy in Cambodia, including the family members of 

20 such individuals, as appropriate: Provided, That not 

21 later than 30 days after enactment of this Act, the 

22 Secretary of State shall submit a report to the ap23 propriate congressional committees describing the 

24 implementation of such policy. 


pbinns on DSK79D2C42PROD with BILLS
920 

HR 21 PCS 

1 (c) INDO-PACIFIC STRATEGY.—Of the funds appro2 priated by this Act and prior Acts making appropriations 

3 for the Department of State, foreign operations, and re4 lated programs, not less than $160,000,000 shall be made 

5 available for democracy; economic governance and trade; 

6 natural resource security, energy, and governance; and, 

7 law enforcement and security programs to support the im8 plementation of the Indo-Pacific Strategy, as follows— 

9 (1) $65,000,000 under the heading ‘‘Develop10 ment Assistance’’; 

11 (2) $50,000,000 under the heading ‘‘Economic 

12 Support Fund’’; 

13 (3) $30,000,000 under the heading ‘‘Inter14 national Narcotics Control and Law Enforcement’’; 

15 and 

16 (4) $15,000,000 under the heading ‘‘Foreign 

17 Military Financing Program’’: 

18 Provided, That such funds are in addition to amounts oth19 erwise made available for such purposes. 

20 (d) LAOS.—Of the funds appropriated by this Act 

21 under the heading ‘‘Nonproliferation, Anti-terrorism, 

22 Demining and Related Programs’’, not less than 

23 $40,000,000 shall be made available to continue to clear 

24 unexploded ordnance in Laos. 

25 (e) NORTH KOREA.— 


pbinns on DSK79D2C42PROD with BILLS
921 

HR 21 PCS 

1 (1) CYBERSECURITY.—None of the funds ap2 propriated by this Act and prior Acts making appro3 priations for the Department of State, foreign oper4 ations, and related programs may be made available 

5 for assistance for the central government of a coun6 try the Secretary of State determines and reports to 

7 the appropriate congressional committees engages in 

8 significant transactions contributing materially to 

9 the malicious cyber-intrusion capabilities of the Gov10 ernment of North Korea: Provided, That the Sec11 retary of State shall submit the report required by 

12 section 209 of the North Korea Sanctions and Policy 

13 Enhancement Act of 2016 (Public Law 114–122; 22 

14 U.S.C. 9229), as amended, to the Committees on 

15 Appropriations in the manner described in subpara16 graph (2)(A) of such section: Provided further, That 

17 the Secretary of State may waive the application of 

18 the restriction in this paragraph with respect to as19 sistance for the central government of a country if 

20 the Secretary determines and reports to the appro21 priate congressional committees that to do so is im22 portant to the national security interest of the 

23 United States, including a description of such inter24 est served. 


pbinns on DSK79D2C42PROD with BILLS
922 

HR 21 PCS 

1 (2) BROADCASTS.—Funds appropriated by this 

2 Act under the heading ‘‘International Broadcasting 

3 Operations’’ shall be made available to maintain 

4 broadcasting hours into North Korea at levels not 

5 less than the prior fiscal year. 

6 (3) REFUGEES.—Funds appropriated by this 

7 Act under the heading ‘‘Migration and Refugee As8 sistance’’ should be made available for assistance for 

9 refugees from North Korea, including protection ac10 tivities in the People’s Republic of China and other 

11 countries in Asia. 

12 (4) HUMAN RIGHTS PROMOTION, DATABASE, 

13 AND LIMITATION ON USE OF FUNDS.— 

14 (A) HUMAN RIGHTS PROMOTION.—Of the 

15 funds appropriated by this Act under the head16 ings ‘‘Economic Support Fund’’ and ‘‘Democ17 racy Fund’’, not less than $8,000,000 shall be 

18 made available for the promotion of human 

19 rights in North Korea: Provided, That such 

20 funds shall be administered by the Assistant 

21 Secretary for Democracy, Human Rights, and 

22 Labor, Department of State: Provided further, 

23 That the authority of section 7032(b) of this 

24 Act shall apply to such funds. 


pbinns on DSK79D2C42PROD with BILLS
923 

HR 21 PCS 

1 (B) DATABASE.—Funds appropriated by 

2 this Act under title III shall be made available 

3 to maintain a database of prisons and gulags in 

4 North Korea, in accordance with section 

5 7032(i) of the Department of State, Foreign 

6 Operations, and Related Programs Appropria7 tions Act, 2014 (division K of Public Law 113– 

8 76). 

9 (C) LIMITATION.—None of the funds ap10 propriated by this Act under the heading ‘‘Eco11 nomic Support Fund’’ may be made available 

12 for assistance for the Government of North 

13 Korea. 

14 (f) PEOPLE’S REPUBLIC OF CHINA.— 

15 (1) LIMITATION ON USE OF FUNDS.—None of 

16 the funds appropriated under the heading ‘‘Diplo17 matic Programs’’ in this Act may be obligated or ex18 pended for processing licenses for the export of sat19 ellites of United States origin (including commercial 

20 satellites and satellite components) to the People’s 

21 Republic of China (PRC) unless, at least 15 days in 

22 advance, the Committees on Appropriations are noti23 fied of such proposed action. 

24 (2) PEOPLE’S LIBERATION ARMY.—The terms 

25 and requirements of section 620(h) of the Foreign 


pbinns on DSK79D2C42PROD with BILLS
924 

HR 21 PCS 

1 Assistance Act of 1961 shall apply to foreign assist2 ance projects or activities of the People’s Liberation 

3 Army (PLA) of the PRC, to include such projects or 

4 activities by any entity that is owned or controlled 

5 by, or an affiliate of, the PLA: Provided, That none 

6 of the funds appropriated or otherwise made avail7 able pursuant to this Act may be used to finance 

8 any grant, contract, or cooperative agreement with 

9 the PLA, or any entity that the Secretary of State 

10 has reason to believe is owned or controlled by, or 

11 an affiliate of, the PLA. 

12 (3) COUNTER INFLUENCE PROGRAMS.—Funds 

13 appropriated by this Act for public diplomacy under 

14 title I and for assistance under titles III and IV 

15 shall be made available to counter the influence of 

16 the PRC, in accordance with the strategy required 

17 by section 7043(e)(3) of the Department of State, 

18 Foreign Operations, and Related Programs Appro19 priations Act, 2014 (division K of Public Law 113– 

20 76), following consultation with the Committees on 

21 Appropriations. 

22 (4) AUTHORITY AND NOTIFICATION REQUIRE23 MENT.— 

24 (A) AUTHORITY.—The uses of funds made 

25 available by this Act for the promotion of deVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00924 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
925 

HR 21 PCS 

1 mocracy in the PRC, except for funds made 

2 available under subsection (f), shall be the re3 sponsibility of the Assistant Secretary for De4 mocracy, Human Rights, and Labor, Depart5 ment of State. 

6 (B) NOTIFICATION.—Funds appropriated 

7 by this Act that are made available for trilateral 

8 programs conducted with the PRC shall be sub9 ject to the regular notification procedures of the 

10 Committees on Appropriations. 

11 (g) PHILIPPINES.—None of the funds appropriated 

12 by this Act under the heading ‘‘International Narcotics 

13 Control and Law Enforcement’’ may be made available for 

14 counternarcotics assistance for the Philippines, except for 

15 drug demand reduction, maritime law enforcement, or 

16 transnational interdiction. 

17 (h) TIBET.— 

18 (1) FINANCING OF PROJECTS IN TIBET.—The 

19 Secretary of the Treasury should instruct the United 

20 States executive director of each international finan21 cial institution to use the voice and vote of the 

22 United States to support financing of projects in 

23 Tibet if such projects do not provide incentives for 

24 the migration and settlement of non-Tibetans into 

25 Tibet or facilitate the transfer of ownership of TiVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00925 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
926 

HR 21 PCS 

1 betan land and natural resources to non-Tibetans, 

2 are based on a thorough needs-assessment, foster 

3 self-sufficiency of the Tibetan people and respect Ti4 betan culture and traditions, and are subject to ef5 fective monitoring. 

6 (2) PROGRAMS FOR TIBETAN COMMUNITIES.— 

7 (A) TIBET AUTONOMOUS REGION.—Not8 withstanding any other provision of law, of the 

9 funds appropriated by this Act under the head10 ing ‘‘Economic Support Fund’’, not less than 

11 $8,000,000 shall be made available to non12 governmental organizations to support activities 

13 which preserve cultural traditions and promote 

14 sustainable development, education, and envi15 ronmental conservation in Tibetan communities 

16 in the Tibet Autonomous Region and in other 

17 Tibetan communities in China. 

18 (B) INDIA AND NEPAL.—Of the funds ap19 propriated by this Act under the heading ‘‘Eco20 nomic Support Fund’’, not less than 

21 $6,000,000 shall be made available for pro22 grams to promote and preserve Tibetan culture, 

23 development, and the resilience of Tibetan com24 munities in India and Nepal, and to assist in 

25 the education and development of the next genVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00926 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
927 

HR 21 PCS 

1 eration of Tibetan leaders from such commu2 nities: Provided, That such funds are in addi3 tion to amounts made available in subpara4 graph (A) for programs inside Tibet. 

5 (C) TIBETAN GOVERNANCE.—Of the funds 

6 appropriated by this Act under the heading 

7 ‘‘Economic Support Fund’’, not less than 

8 $3,000,000 shall be made available for pro9 grams to strengthen the capacity of Tibetan in10 stitutions and governance. 

11 (i) VIETNAM.— 

12 (1) DIOXIN REMEDIATION.—Notwithstanding 

13 any other provision of law, of the funds appropriated 

14 by this Act under the heading ‘‘Economic Support 

15 Fund’’, not less than $20,000,000 shall be made 

16 available for activities related to the remediation of 

17 dioxin contaminated sites in Vietnam and may be 

18 made available for assistance for the Government of 

19 Vietnam, including the military, for such purposes. 

20 (2) HEALTH AND DISABILITY PROGRAMS.—Of 

21 the funds appropriated by this Act under the head22 ing ‘‘Development Assistance’’, not less than 

23 $12,500,000 shall be made available for health and 

24 disability programs in areas sprayed with Agent Or25 ange and otherwise contaminated with dioxin, to asVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00927 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
928 

HR 21 PCS 

1 sist individuals with severe upper or lower body mo2 bility impairment or cognitive or developmental dis3 abilities. 

4 (3) UNEXPLODED ORDNANCE.—Of the funds 

5 appropriated by this Act under the heading ‘‘Non6 proliferation, Anti-terrorism, Demining and Related 

7 Programs’’, not less than $15,000,000 shall be made 

8 available to clear unexploded ordnance (UXO) in 

9 Vietnam, including to conduct UXO surveys. 

10 (4) FORENSIC ASSISTANCE.—Of the funds ap11 propriated by this Act under the heading ‘‘Economic 

12 Support Fund’’ that are made available for assist13 ance for Vietnam, not less than $2,500,000 shall be 

14 made available for forensic assistance related to the 

15 identification of remains from conflict, regardless of 

16 the affiliation of such remains with North or South 

17 Vietnam. 

18 (5) FULBRIGHT UNIVERSITY VIETNAM.—Of the 

19 funds appropriated by this Act under the heading 

20 ‘‘Educational and Cultural Exchange Programs’’ 

21 and ‘‘Economic Support Fund’’, not less than 

22 $10,000,000 shall be made available for Fulbright 

23 University Vietnam, which shall not be used for con24 struction activities. 


pbinns on DSK79D2C42PROD with BILLS
929 

HR 21 PCS 

1 SOUTH AND CENTRAL ASIA

2 SEC. 7044. (a) AFGHANISTAN.— 

3 (1) OPERATIONS.— 

4 (A) EMBASSY BRANCH OFFICE.—Funds 

5 appropriated by this Act and prior Acts making 

6 appropriations for the Department of State, 

7 foreign operations, and related programs under 

8 the heading ‘‘Diplomatic Programs’’ and ‘‘Em9 bassy Security, Construction, and Maintenance’’ 

10 may be made available to reestablish and main11 tain one or more Embassy Branch Offices in 

12 Afghanistan, following consultation with the 

13 Committees on Appropriations and subject to 

14 the regular notification procedures of such 

15 Committees. 

16 (B) EMBASSY AIR.—The requirements of 

17 section 7052(c) of this Act relating to reim18 bursement for aircraft use by Federal and non19 Federal personnel supporting Department of 

20 State and United States Agency for Inter21 national Development programs and activities 

22 in Afghanistan may include less than full cost 

23 recovery if the Secretary of State determines 

24 and reports to the Committees on Appropria25 tions that such action is important to safeguard 


pbinns on DSK79D2C42PROD with BILLS
930 

HR 21 PCS 

1 the welfare and security of United States per2 sonnel in Afghanistan. 

3 (2) ASSISTANCE AND TRANSFER OF FUNDS.— 

4 Funds appropriated under titles III and IV of this 

5 Act shall be made available to implement the South 

6 Asia Strategy, the Revised Strategy for United 

7 States Engagement in Afghanistan, and the United 

8 States Agency for International Development Coun9 try Development Cooperation Strategy for Afghani10 stan: Provided, That funds appropriated by this Act 

11 under the heading ‘‘Economic Support Fund’’ that 

12 are made available for the Fulbright program for Af13 ghanistan shall be transferred to, and merged with, 

14 funds appropriated in title I of this Act under the 

15 heading ‘‘Educational and Cultural Exchange Pro16 grams’’. 

17 (3) OVERSIGHT AND ANTI-CORRUPTION ACTIVI18 TIES.— 

19 (A) OVERSIGHT.—Of the funds appro20 priated by this Act and prior Acts making ap21 propriations for the Department of State, for22 eign operations, and related programs under 

23 the heading ‘‘Economic Support Fund’’ for as24 sistance for Afghanistan, up to $2,800,000 may 

25 be transferred to, and merged with, funds apVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00930 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
931 

HR 21 PCS 

1 propriated in title II of this Act under the 

2 heading ‘‘Office of Inspector General’’ for au3 dits, investigations, and other activities for the 

4 purposes of conducting effective oversight of as5 sistance for Afghanistan: Provided, That any 

6 such funds transferred are in addition to funds 

7 otherwise available for such purposes. 

8 (B) ANTI-CORRUPTION ACTIVITIES.— 

9 (i) Funds appropriated by this Act 

10 that are made available for assistance for 

11 Afghanistan may not be made available to 

12 any Afghan individual, organization, or 

13 government entity if the Secretary of State 

14 has credible information that such indi15 vidual, organization, or entity is knowingly 

16 involved in acts of grand corruption, illicit 

17 narcotics production or trafficking, or has 

18 committed a gross violation of human 

19 rights: Provided, That such requirement 

20 shall not apply to any United States cit21 izen or lawful permanent resident associ22 ated with such organization or entity. 

23 (ii) The Special Inspector General for 

24 Afghanistan Reconstruction shall update 

25 the assessment of the implementation of 


pbinns on DSK79D2C42PROD with BILLS
932 

HR 21 PCS 

1 the Afghanistan National Strategy for 

2 Combatting Corruption by the Government 

3 of Afghanistan, including efforts to pros4 ecute individuals alleged to be involved in 

5 corrupt or illegal activities. 

6 (4) TAXATION.—None of the funds appro7 priated by this Act for assistance for Afghanistan 

8 may be made available for direct government-to-gov9 ernment assistance unless the Secretary of State 

10 certifies and reports to the Committees on Appro11 priations that— 

12 (A) the United States Government and the 

13 Government of Afghanistan have in place the 

14 agreements necessary to ensure compliance with 

15 the principles set forth in section 7013 of this 

16 Act; and 

17 (B) United States companies and organiza18 tions that are implementing United States as19 sistance programs in Afghanistan in a manner 

20 consistent with United States laws and regula21 tions are not subjected by the Government of 

22 Afghanistan to taxes or other fees in contraven23 tion of the agreements referenced in subpara24 graph (A), and are not subjected to retaliation 

25 by the Government of Afghanistan for the nonVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00932 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
933 

HR 21 PCS 

1 payment of such taxes or fees imposed in the 

2 past: Provided, That not later than 90 days 

3 after enactment of this Act, the Secretary of 

4 State shall submit to the Committees on Appro5 priations an assessment of the dollar value of 

6 improper taxes or fees levied by such govern7 ment against such companies and organizations 

8 in fiscal year 2018. 

9 (5) AUTHORITIES.— 

10 (A) Funds appropriated by this Act under 

11 title III through VI that are made available for 

12 assistance for Afghanistan may be made avail13 able— 

14 (i) notwithstanding section 7012 of 

15 this Act or any similar provision of law 

16 and section 660 of the Foreign Assistance 

17 Act of 1961; 

18 (ii) for reconciliation programs and 

19 disarmament, demobilization, and re20 integration activities for former combat21 ants who have renounced violence against 

22 the Government of Afghanistan, including 

23 in accordance with section 

24 7046(a)(2)(B)(ii) of the Department of 

25 State, Foreign Operations, and Related 


pbinns on DSK79D2C42PROD with BILLS
934 

HR 21 PCS 

1 Programs Appropriations Act, 2012 (divi2 sion I of Public Law 112–74), except that 

3 no such funds may be made available for 

4 direct monetary payment to demobilized 

5 combatants; and 

6 (B) Section 7046(a)(2)(A) of the Depart7 ment of State, Foreign Operations, and Related 

8 Programs Appropriations Act, 2012 (division I 

9 of Public Law 112–74) shall apply to funds ap10 propriated by this Act for assistance for Af11 ghanistan. 

12 (6) PRIOR ACTS.—Funds appropriated by prior 

13 Acts making appropriations for the Department of 

14 State, foreign operations, and related programs and 

15 made available for assistance for Afghanistan shall 

16 be made available pursuant to this subsection. 

17 (7) AFGHAN ALLIES.—It is the sense of the 

18 Senate that the Afghan Special Immigrant Visa pro19 gram is important to the national interests of the 

20 United States, and that the Department of State 

21 should develop a system of prioritization for the 

22 processing of Afghan Special Immigrant Visas. 

23 (b) NEPAL.— 

24 (1) ASSISTANCE.—Of the funds appropriated 

25 under titles III and IV of this Act, not less than 


pbinns on DSK79D2C42PROD with BILLS
935 

HR 21 PCS 

1 $121,730,000 shall be made available for assistance 

2 for Nepal, including for earthquake recovery and re3 construction programs. 

4 (2) FOREIGN MILITARY FINANCING PRO5 GRAM.—Funds appropriated by this Act under the 

6 heading ‘‘Foreign Military Financing Program’’ 

7 shall only be made available for humanitarian and 

8 disaster relief and reconstruction activities in Nepal, 

9 and in support of international peacekeeping oper10 ations: Provided, That such funds may only be made 

11 available for any additional uses if the Secretary of 

12 State certifies and reports to the Committees on Ap13 propriations that the Government of Nepal is inves14 tigating and prosecuting violations of human rights 

15 and the laws of war, and the Nepal Army is cooper16 ating fully with civilian judicial authorities in such 

17 cases. 

18 (c) PAKISTAN.— 

19 (1) INTERNATIONAL SECURITY ASSISTANCE.— 

20 (A) LIMITATION.—Funds appropriated by 

21 this Act under the heading ‘‘Foreign Military 

22 Financing Program’’ for assistance for Paki23 stan may be made available only to support 

24 counterterrorism and counterinsurgency capa25 bilities in Pakistan. 


pbinns on DSK79D2C42PROD with BILLS
936 

HR 21 PCS 

1 (B) CONSULTATION.—Not later than 30 

2 days after enactment of this Act, and prior to 

3 the submission of the report required by section 

4 653(a) of the Foreign Assistance Act of 1961, 

5 the Secretary of State shall consult with the 

6 Committees on Appropriations on the amount 

7 of funds appropriated by this Act under the 

8 heading ‘‘Foreign Military Financing Program’’ 

9 that is anticipated to be subject to the January 

10 2018 policy decision of the United States to 

11 suspend security assistance for Pakistan, or any 

12 subsequent policy decision affecting such assist13 ance: Provided, That the Secretary shall 

14 promptly inform the appropriate congressional 

15 committees in writing of any changes to such 

16 policy, the justification for such changes, and 

17 the progress made by the Government of Paki18 stan in meeting the counterterrorism objectives 

19 described under this section in Senate report 

20 115-282. 

21 (C) REPROGRAMMING.—Funds appro22 priated by this Act and prior Acts making ap23 propriations for the Department of State, for24 eign operations, and related programs under 

25 the heading ‘‘Foreign Military Financing ProVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00936 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
937 

HR 21 PCS 

1 gram’’ for assistance for Pakistan that are 

2 withheld from obligation or expenditure by the 

3 Department of State may be reprogrammed by 

4 the Secretary of State, except that no such 

5 funds may be reprogrammed that are required 

6 to complete payment on existing and previously 

7 approved contracts: Provided, That such re8 programming shall be subject to the regular no9 tification procedures of the Committees on Ap10 propriations. 

11 (2) BILATERAL ECONOMIC ASSISTANCE RE12 PORT.—Prior to the obligation of funds made avail13 able by this Act under the heading ‘‘Economic Sup14 port Fund’’ for assistance for the central Govern15 ment of Pakistan, the Secretary of State shall sub16 mit a report to the appropriate congressional com17 mittees detailing— 

18 (A) the amount of financing and other 

19 support, if any, provided by the Government of 

20 Pakistan to schools supported by, affiliated 

21 with, or run by the Taliban or any domestic or 

22 foreign terrorist organization in Pakistan; 

23 (B) the extent of cooperation by such gov24 ernment in issuing visas in a timely manner for 

25 United States visitors, including officials and 


pbinns on DSK79D2C42PROD with BILLS
938 

HR 21 PCS 

1 representatives of nongovernmental organiza2 tions, engaged in assistance and security pro3 grams in Pakistan; 

4 (C) the extent to which such government is 

5 providing humanitarian organizations access to 

6 detainees, internally displaced persons, and 

7 other Pakistani civilians affected by conflict in 

8 Pakistan and the region; and 

9 (D) the extent to which such government is 

10 strengthening democracy in Pakistan. 

11 (3) AUTHORITY AND USES OF FUNDS.— 

12 (A) Funds appropriated by this Act for as13 sistance for Pakistan may be made available 

14 notwithstanding any other provision of law, ex15 cept for section 620M of the Foreign Assistance 

16 Act of 1961. 

17 (B) Funds appropriated by this Act for as18 sistance for Pakistan that are made available 

19 for infrastructure projects shall be implemented 

20 in a manner consistent with section 507(6) of 

21 the Trade Act of 1974 (19 U.S.C. 2467(6)). 

22 (C) The authorities and directives of sec23 tion 7044(d)(4) of the Department of State, 

24 Foreign Operations, and Related Programs Ap25 propriations Act, 2015 (division J of Public 


pbinns on DSK79D2C42PROD with BILLS
939 

HR 21 PCS 

1 Law 113–235) regarding scholarships for 

2 women shall apply to funds appropriated by 

3 this Act for assistance for Pakistan, following 

4 consultation with the Committees on Appropria5 tions. 

6 (D) Funds appropriated by this Act under 

7 the headings ‘‘Economic Support Fund’’ and 

8 ‘‘Nonproliferation, Anti-terrorism, Demining 

9 and Related Programs’’ that are made available 

10 for assistance for Pakistan shall be made avail11 able to interdict precursor materials from Paki12 stan to Afghanistan that are used to manufac13 ture improvised explosive devices and for agri14 culture extension programs that encourage al15 ternative fertilizer use among Pakistani farmers 

16 to decrease the dual use of fertilizer in the 

17 manufacturing of improvised explosive devices. 

18 (E) Of the funds appropriated by this Act 

19 under the heading ‘‘International Narcotics 

20 Control and Law Enforcement’’ that are made 

21 available for assistance for Pakistan, not less 

22 than $15,000,000 shall be made available for 

23 border security programs in Pakistan, following 

24 consultation with the Committees on Appropria25 tions. 


pbinns on DSK79D2C42PROD with BILLS
940 

HR 21 PCS 

1 (F) Of the funds appropriated by this Act 

2 under the heading ‘‘Economic Support Fund’’ 

3 that are made available for assistance for Paki4 stan, not less than $19,500,000 shall be trans5 ferred to, and merged with, funds made avail6 able in title I of this Act under the heading 

7 ‘‘Educational and Cultural Exchange Pro8 grams’’ for the Fulbright program for Pakistan: 

9 Provided, That such transfer and merge shall 

10 take place not later than 45 days after enact11 ment of this Act. 

12 (4) WITHHOLDING.—Of the funds appropriated 

13 under titles III and IV of this Act that are made 

14 available for assistance for Pakistan, $33,000,000 

15 shall be withheld from obligation until the Secretary 

16 of State reports to the Committees on Appropria17 tions that Dr. Shakil Afridi has been released from 

18 prison and cleared of all charges relating to the as19 sistance provided to the United States in locating 

20 Osama bin Laden. 

21 (5) PROHIBITION ON ENTRY.—Section 7031(c) 

22 of this Act shall be applied to officials of the Gov23 ernment of Pakistan about whom the Secretary of 

24 State has credible information have been involved in 

25 the wrongful imprisonment of Aasiya Noreen, known 


pbinns on DSK79D2C42PROD with BILLS
941 

HR 21 PCS 

1 as Asia Bibi, who was sentenced to death for alleg2 edly violating Pakistani blasphemy laws. 

3 (d) SRI LANKA.— 

4 (1) BILATERAL ECONOMIC ASSISTANCE.—Of 

5 the funds appropriated under title III of this Act, 

6 not less than $35,000,000 shall be made available 

7 for assistance for Sri Lanka for economic develop8 ment and democracy programs, particularly in areas 

9 recovering from ethnic and religious conflict: Pro10 vided, That such funds shall be made available for 

11 programs to assist in the identification and resolu12 tion of cases of missing persons. 

13 (2) CERTIFICATION.—Funds appropriated by 

14 this Act for assistance for the central Government of 

15 Sri Lanka, except for funds made available for hu16 manitarian assistance and victims of trauma, may be 

17 made available only if the Secretary of State certifies 

18 and reports to the Committees on Appropriations 

19 that the Government of Sri Lanka is— 

20 (A) repealing laws that do not comply with 

21 international standards for arrest and detention 

22 by security forces, and ensuring that any suc23 cessor legislation meets such standards; 

24 (B) increasing accountability and trans25 parency in governance; 


pbinns on DSK79D2C42PROD with BILLS
942 

HR 21 PCS 

1 (C) investigating allegations of arbitrary 

2 arrest and torture, and supporting a credible 

3 justice mechanism in compliance with United 

4 Nations Human Rights Council Resolution (A/ 

5 HCR/RES/30/1) of October 2015; 

6 (D) returning military occupied lands in 

7 former conflict zones to their rightful owners or 

8 compensating those whose land was confiscated 

9 without due process, and which is in addition to 

10 steps taken during the previous calendar year; 

11 (E) establishing a functioning office of 

12 missing persons and assisting its investigations 

13 of cases of missing persons from Sri Lanka’s 

14 internal armed conflicts with the cooperation of 

15 the armed forces of Sri Lanka; and 

16 (F) substantially reducing the presence of 

17 the armed forces in former conflict zones and 

18 implementing a plan for restructuring the 

19 armed forces to adopt a peacetime role that 

20 contributes to post-conflict reconciliation and 

21 regional security. 

22 (3) INTERNATIONAL SECURITY ASSISTANCE.— 

23 Funds appropriated under title IV of this Act that 

24 are available for assistance for Sri Lanka shall be 

25 subject to the following conditions— 


pbinns on DSK79D2C42PROD with BILLS
943 

HR 21 PCS 

1 (A) funds under the heading ‘‘Foreign 

2 Military Financing Program’’ may only be 

3 made available for programs to support human4 itarian and disaster response preparedness and 

5 maritime security, including professionalization 

6 and training for the navy and coast guard; and 

7 (B) funds under the heading ‘‘Peace8 keeping Operations’’ may only be made avail9 able for training and equipment related to 

10 international peacekeeping operations and im11 provements to peacekeeping-related facilities, 

12 and only if the Government of Sri Lanka is tak13 ing effective steps to bring to justice Sri 

14 Lankan peacekeeping troops who have engaged 

15 in sexual exploitation and abuse. 

16 (e) REGIONAL PROGRAMS.— 

17 (1) CROSS BORDER PROGRAMS.—Funds appro18 priated by this Act under the heading ‘‘Economic 

19 Support Fund’’ for assistance for Afghanistan and 

20 Pakistan may be provided, notwithstanding any 

21 other provision of law that restricts assistance to 

22 foreign countries, for cross border stabilization and 

23 development programs between Afghanistan and 

24 Pakistan, or between either country and the Central 

25 Asian countries. 


pbinns on DSK79D2C42PROD with BILLS
944 

HR 21 PCS 

1 (2) SECURITY AND JUSTICE PROGRAMS.— 

2 Funds appropriated by this Act that are made avail3 able for assistance for countries in South and Cen4 tral Asia shall be made available to accelerate the re5 cruitment and enhance the retention and profes6 sionalism of women in the judiciary, police, and 

7 other security forces. 

8 LATIN AMERICA AND THE CARIBBEAN

9 SEC. 7045. (a) CENTRAL AMERICA.—Of the funds 

10 appropriated under titles III and IV of this Act, 

11 $515,465,000 should be made available for assistance for 

12 countries in Central America to implement the United 

13 States Strategy for Engagement in Central America: Pro14 vided, That such funds shall be provided under the same 

15 terms and conditions contained in section 7045(a) of the 

16 Department of State, Foreign Operations, and Related 

17 Programs Appropriations Act, 2018 (division K of Public 

18 Law 115–141), except that— 

19 (1) no funds shall be made available for the 

20 Award for Extraordinary Progress; and 

21 (2) the funding limitation of this subsection and 

22 similar limitations in prior Acts making appropria23 tions for the Department of State, foreign oper24 ations, and related programs shall not apply to 

25 funds made available for humanitarian, food secuVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00944 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
945 

HR 21 PCS 

1 rity, and anti-corruption programs for countries in 

2 Central America. 

3 (b) COLOMBIA.—Of the funds appropriated under ti4 tles III and IV of this Act, not less than $391,253,000 

5 shall be made available for assistance for Colombia: Pro6 vided, That such funds shall be provided under the same 

7 terms and conditions contained in section 7045(b) of the 

8 Department of State, Foreign Operations, and Related 

9 Programs Appropriations Act, 2018 (division K of Public 

10 Law 115–141). 

11 (c) CUBA.—Of the funds appropriated by this Act 

12 under the heading ‘‘Economic Support Fund’’, not less 

13 than $15,000,000 shall be made available for democracy 

14 programs for Cuba. 

15 (d) HAITI.—The Government of Haiti shall be eligi16 ble to purchase defense articles and services under the 

17 Arms Export Control Act (22 U.S.C. 2751 et seq.) for 

18 the Coast Guard. 

19 (e) MEXICO.—Of the funds appropriated by this Act 

20 under the heading ‘‘Economic Support Fund’’ that are 

21 made available for assistance for Mexico, not less than 

22 $18,000,000 shall be transferred to, and merged with, 

23 funds appropriated by this Act under the heading ‘‘Migra24 tion and Refugee Assistance’’ and made available to proc25 ess the asylum applications of Central Americans in MexVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00945 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
946 

HR 21 PCS 

1 ico: Provided, That of such funds, not less than 

2 $3,000,000 shall be made available for assistance to im3 prove the capacity of the Comisio ́n Mexicana de Ayuda 

4 a Refugiados to process such applications: Provided fur5 ther, That not less than 30 days after enactment of this 

6 Act, the Assistant Secretary for the Bureau of Population, 

7 Refugees, and Migration, Department of State, shall con8 sult with the Committees on Appropriations on the uses 

9 of such funds. 

10 (f) VENEZUELA.—Of the funds appropriated by this 

11 Act under the heading ‘‘Economic Support Fund’’, not 

12 less than $20,000,000 shall be made available for pro13 grams to promote democracy and the rule of law in Ven14 ezuela. 

15 EUROPE AND EURASIA

16 SEC. 7046. (a) ASSISTANCE.— 

17 (1) GEORGIA.—Of the funds appropriated by 

18 this Act under titles III and IV, not less than 

19 $125,325,000 shall be made available for assistance 

20 for Georgia. 

21 (2) UKRAINE.—Of the funds appropriated by 

22 this Act under titles III and IV, not less than 

23 $425,700,000 shall be made available for assistance 

24 for Ukraine. 


pbinns on DSK79D2C42PROD with BILLS
947 

HR 21 PCS 

1 (b) LIMITATION.—None of the funds appropriated by 

2 this Act may be made available for assistance for a govern3 ment of an Independent State of the former Soviet Union 

4 if such government directs any action in violation of the 

5 territorial integrity or national sovereignty of any other 

6 Independent State of the former Soviet Union, such as 

7 those violations included in the Helsinki Final Act: Pro8 vided, That except as otherwise provided in section 

9 7067(a) of this Act, funds may be made available without 

10 regard to the restriction in this subsection if the President 

11 determines that to do so is in the national security interest 

12 of the United States: Provided further, That prior to exe13 cuting the authority contained in the previous proviso, the 

14 Secretary of State shall consult with the Committees on 

15 Appropriations on how such assistance supports the na16 tional security interest of the United States. 

17 (c) SECTION 907 OF THE FREEDOM SUPPORT

18 ACT.—Section 907 of the FREEDOM Support Act (22 

19 U.S.C. 5812 note) shall not apply to— 

20 (1) activities to support democracy or assist21 ance under title V of the FREEDOM Support Act 

22 (22 U.S.C. 5851 et seq.) and section 1424 of the 

23 Defense Against Weapons of Mass Destruction Act 

24 of 1996 (50 U.S.C. 2333) or non-proliferation as25 sistance; 


pbinns on DSK79D2C42PROD with BILLS
948 

HR 21 PCS 

1 (2) any assistance provided by the Trade and 

2 Development Agency under section 661 of the For3 eign Assistance Act of 1961 (22 U.S.C. 2421); 

4 (3) any activity carried out by a member of the 

5 United States and Foreign Commercial Service while 

6 acting within his or her official capacity; 

7 (4) any insurance, reinsurance, guarantee, or 

8 other assistance provided by the Overseas Private 

9 Investment Corporation under title IV of chapter 2 

10 of part I of the Foreign Assistance Act of 1961 (22 

11 U.S.C. 2191 et seq.); 

12 (5) any financing provided under the Export13 Import Bank Act of 1945 (Public Law 79–173); or 

14 (6) humanitarian assistance. 

15 (d) TURKEY.— 

16 (1) PROLONGED DETENTION OF UNITED

17 STATES CITIZENS IN TURKEY.—The Secretary of 

18 State shall identify senior officials of the Govern19 ment of Turkey with respect to whom the Secretary 

20 has credible information are knowingly responsible 

21 for the wrongful or unlawful prolonged detention of 

22 citizens or nationals of the United States currently 

23 held in Turkey: Provided, That the Secretary may 

24 not issue to any such officials a visa to enter the 

25 United States: Provided further, That the restriction 


pbinns on DSK79D2C42PROD with BILLS
949 

HR 21 PCS 

1 in this paragraph shall not apply to individuals de2 scribed in section 7031(c)(2) of this Act: Provided 

3 further, That the Secretary may waive the applica4 tion of this paragraph if the Secretary determines 

5 and reports to the appropriate congressional com6 mittees that to do so is in the national interest or 

7 that the circumstances which caused the individual 

8 or individuals to be denied a visa have sufficiently 

9 changed: Provided further, That not later than 90 

10 days after enactment of this Act, the Secretary of 

11 State shall submit to the appropriate congressional 

12 committees the report regarding Americans held 

13 under wrongful or unlawful prolonged detention in 

14 Turkey under this heading in Senate report 115- 

15 282, in classified form if necessary. 

16 (2) TURKISH PRESIDENTIAL PROTECTION DI17 RECTORATE.—None of the funds made available by 

18 this Act may be used to facilitate or support the sale 

19 of defense articles or defense services to the Turkish 

20 Presidential Protection Directorate (TPPD) under 

21 chapter 2 of the Arms Export Control Act (22 

22 U.S.C. 2761 et seq.), unless the Secretary of State 

23 determines and reports to the appropriate congres24 sional committees that members of the TPPD that 

25 are named in the July 17, 2017 indictment by the 


pbinns on DSK79D2C42PROD with BILLS
950 

HR 21 PCS 

1 Superior Court of the District of Columbia, and 

2 against whom charges are pending, have returned to 

3 the United States to stand trial in connection with 

4 the offenses contained in such indictment or have 

5 otherwise been brought to justice: Provided, That 

6 the limitation in this paragraph shall not apply to 

7 the use of fund made available by this Act for bor8 der security purposes, for North Atlantic Treaty Or9 ganization or coalition operations, or to enhance the 

10 protection of United States officials and facilities in 

11 Turkey. 

12 (3) RESTRICTION ON FUNDS.—None of the 

13 funds appropriated or otherwise made available by 

14 this Act and prior Acts making appropriations for 

15 the Department of State, foreign operations, and re16 lated programs, may be made available to transfer, 

17 or to facilitate the transfer of, F–35 aircraft to Tur18 key, including any defense articles or services related 

19 to such aircraft, until the Secretary of State certifies 

20 to the appropriate congressional committees that the 

21 Government of Turkey is not purchasing the S–400 

22 missile defense system from Russia and will not ac23 cept the delivery of such system. 


pbinns on DSK79D2C42PROD with BILLS
951 

HR 21 PCS 

1 WAR CRIMES TRIBUNALS

2 SEC. 7047. (a) If the President determines that doing 

3 so will contribute to a just resolution of charges regarding 

4 genocide or other violations of international humanitarian 

5 law, the President may direct a drawdown pursuant to sec6 tion 552(c) of the Foreign Assistance Act of 1961 of up 

7 to $30,000,000 of commodities and services for the United 

8 Nations War Crimes Tribunal established with regard to 

9 the former Yugoslavia by the United Nations Security 

10 Council or such other tribunals or commissions as the 

11 Council may establish or authorize to deal with such viola12 tions, without regard to the ceiling limitation contained 

13 in paragraph (2) thereof: Provided, That the determina14 tion required under this section shall be in lieu of any de15 terminations otherwise required under section 552(c): Pro16 vided further, That funds made available pursuant to this 

17 section shall be made available subject to the regular noti18 fication procedures of the Committees on Appropriations. 

19 (b) None of the funds appropriated by this Act may 

20 be made available for a United States contribution to the 

21 International Criminal Court: Provided, That funds may 

22 be made available for technical assistance, training, assist23 ance for victims, protection of witnesses, and law enforce24 ment support related to international investigations, ap25 prehensions, prosecutions, and adjudications of genocide, 


pbinns on DSK79D2C42PROD with BILLS
952 

HR 21 PCS 

1 crimes against humanity, and war crimes: Provided fur2 ther, That the previous proviso shall not apply to Amer3 ican service members and other United States citizens or 

4 nationals, or to nationals of the North Atlantic Treaty Or5 ganization (NATO) or major non-NATO allies initially 

6 designated pursuant to section 517(b) of the Foreign As7 sistance Act of 1961. 

8 UNITED NATIONS

9 SEC. 7048. (a) TRANSPARENCY AND ACCOUNT10 ABILITY.— 

11 (1) RESTRICTIONS.—Of the funds appropriated 

12 by this Act under the headings ‘‘Contributions to 

13 International Organizations’’ and ‘‘International Or14 ganizations and Programs’’ that are available for 

15 contributions to the United Nations (including the 

16 Department of Peacekeeping Operations), any 

17 United Nations agency, or the Organization of 

18 American States, 15 percent may not be obligated 

19 for such organization, department, or agency until 

20 the Secretary of State determines and reports to the 

21 Committees on Appropriations that the organization, 

22 department, or agency is— 

23 (A) posting on a publicly available website, 

24 consistent with privacy regulations and due 

25 process, regular financial and programmatic auVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00952 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
953 

HR 21 PCS 

1 dits of such organization, department, or agen2 cy, and providing the United States Govern3 ment with necessary access to such financial 

4 and performance audits; 

5 (B) effectively implementing and enforcing 

6 policies and procedures which reflect best prac7 tices for the protection of whistleblowers from 

8 retaliation, including best practices for— 

9 (i) protection against retaliation for 

10 internal and lawful public disclosures; 

11 (ii) legal burdens of proof; 

12 (iii) statutes of limitation for report13 ing retaliation; 

14 (iv) access to independent adjudicative 

15 bodies, including external arbitration; and 

16 (v) results that eliminate the effects of 

17 proven retaliation; and 

18 (C) effectively implementing and enforcing 

19 policies and procedures on the appropriate use 

20 of travel funds, including restrictions on first 

21 class and business class travel. 

22 (2) WAIVER.—The restrictions imposed by or 

23 pursuant to paragraph (1) may be waived on a case24 by-case basis if the Secretary of State determines 

25 and reports to the Committees on Appropriations 


pbinns on DSK79D2C42PROD with BILLS
954 

HR 21 PCS 

1 that such waiver is necessary to prevent or respond 

2 to a humanitarian crisis. 

3 (b) RESTRICTIONS ON UNITED NATIONS DELEGA4 TIONS AND ORGANIZATIONS.— 

5 (1) RESTRICTIONS ON UNITED STATES DELEGA6 TIONS.—None of the funds made available by this 

7 Act may be used to pay expenses for any United 

8 States delegation to any specialized agency, body, or 

9 commission of the United Nations if such agency, 

10 body, or commission is chaired or presided over by 

11 a country, the government of which the Secretary of 

12 State has determined, for purposes of section 6(j)(1) 

13 of the Export Administration Act of 1979 as contin14 ued in effect pursuant to the International Emer15 gency Economic Powers Act (50 U.S.C. App. 

16 2405(j)(1)), supports international terrorism. 

17 (2) RESTRICTIONS ON CONTRIBUTIONS.—None 

18 of the funds made available by this Act may be used 

19 by the Secretary of State as a contribution to any 

20 organization, agency, commission, or program within 

21 the United Nations system if such organization, 

22 agency, commission, or program is chaired or pre23 sided over by a country the government of which the 

24 Secretary of State has determined, for purposes of 

25 section 620A of the Foreign Assistance Act of 1961, 


pbinns on DSK79D2C42PROD with BILLS
955 

HR 21 PCS 

1 section 40 of the Arms Export Control Act, section 

2 6(j)(1) of the Export Administration Act of 1979, or 

3 any other provision of law, is a government that has 

4 repeatedly provided support for acts of international 

5 terrorism. 

6 (3) WAIVER.—The Secretary of State may 

7 waive the restriction in this subsection if the Sec8 retary determines and reports to the Committees on 

9 Appropriations that to do so is in the national inter10 est of the United States, including a description of 

11 the national interest served. 

12 (c) UNITED NATIONS RELIEF AND WORKS AGEN13 CY.—Not later than 45 days after enactment of this Act, 

14 the Secretary of State shall submit a report in writing to 

15 the Committees on Appropriations on whether UNRWA 

16 is— 

17 (1) utilizing Operations Support Officers in the 

18 West Bank, Gaza, and other fields of operation to 

19 inspect UNRWA installations and reporting any in20 appropriate use; 

21 (2) acting promptly to address any staff or ben22 eficiary violation of its own policies (including the 

23 policies on neutrality and impartiality of employees) 

24 and the legal requirements under section 301(c) of 

25 the Foreign Assistance Act of 1961; 


pbinns on DSK79D2C42PROD with BILLS
956 

HR 21 PCS 

1 (3) implementing procedures to maintain the 

2 neutrality of its facilities, including implementing a 

3 no-weapons policy, and conducting regular inspec4 tions of its installations, to ensure they are only 

5 used for humanitarian or other appropriate pur6 poses; 

7 (4) taking necessary and appropriate measures 

8 to ensure it is operating in compliance with the con9 ditions of section 301(c) of the Foreign Assistance 

10 Act of 1961 and continuing regular reporting to the 

11 Department of State on actions it has taken to en12 sure conformance with such conditions; 

13 (5) taking steps to ensure the content of all 

14 educational materials currently taught in UNRWA15 administered schools and summer camps is con16 sistent with the values of human rights, dignity, and 

17 tolerance and does not induce incitement; 

18 (6) not engaging in operations with financial in19 stitutions or related entities in violation of relevant 

20 United States law, and is taking steps to improve 

21 the financial transparency of the organization; and 

22 (7) in compliance with the United Nations 

23 Board of Auditors’ biennial audit requirements and 

24 is implementing in a timely fashion the Board’s rec25 ommendations. 


pbinns on DSK79D2C42PROD with BILLS
957 

HR 21 PCS 

1 (d) PROHIBITION OF PAYMENTS TO UNITED NA2 TIONS MEMBERS.—None of the funds appropriated or 

3 made available pursuant to titles III through VI of this 

4 Act for carrying out the Foreign Assistance Act of 1961, 

5 may be used to pay in whole or in part any assessments, 

6 arrearages, or dues of any member of the United Nations 

7 or, from funds appropriated by this Act to carry out chap8 ter 1 of part I of the Foreign Assistance Act of 1961, 

9 the costs for participation of another country’s delegation 

10 at international conferences held under the auspices of 

11 multilateral or international organizations. 

12 (e) REPORT.—Not later than 45 days after enact13 ment of this Act, the Secretary of State shall submit a 

14 report to the Committees on Appropriations detailing the 

15 amount of funds available for obligation or expenditure in 

16 fiscal year 2019 for contributions to any organization, de17 partment, agency, or program within the United Nations 

18 system or any international program that are withheld 

19 from obligation or expenditure due to any provision of law: 

20 Provided, That the Secretary shall update such report 

21 each time additional funds are withheld by operation of 

22 any provision of law: Provided further, That the re23 programming of any withheld funds identified in such re24 port, including updates thereof, shall be subject to prior 


pbinns on DSK79D2C42PROD with BILLS
958 

HR 21 PCS 

1 consultation with, and the regular notification procedures 

2 of, the Committees on Appropriations. 

3 (f) SEXUAL EXPLOITATION AND ABUSE IN PEACE4 KEEPING OPERATIONS.— 

5 (1) IN GENERAL.—Funds appropriated by this 

6 Act shall be made available to implement section 

7 301 of the Department of State Authorities Act, 

8 Fiscal Year 2017 (Public Law 114–323). 

9 (2) WITHHOLDING OF FUNDS.—The Secretary 

10 of State should withhold assistance to any unit of 

11 the security forces of a foreign country if the Sec12 retary has credible information that such unit has 

13 engaged in sexual exploitation or abuse, including 

14 while serving in a United Nations peacekeeping op15 eration, until the Secretary determines that the gov16 ernment of such country is taking effective steps to 

17 hold the responsible members of such unit account18 able and to prevent future incidents: Provided, That 

19 the Secretary shall promptly notify the government 

20 of each country subject to any withholding of assist21 ance pursuant to this paragraph, and shall notify 

22 the appropriate congressional committees of such 

23 withholding not later than 10 days after a deter24 mination to withhold such assistance is made: Pro25 vided further, That the Secretary shall, to the maxVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00958 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
959 

HR 21 PCS 

1 imum extent practicable, assist such government in 

2 bringing the responsible members of such unit to 

3 justice. 

4 (g) ADDITIONAL AVAILABILITY.—Funds appro5 priated under titles I and V of this Act which are returned 

6 or not made available due to the implementation of sub7 section (a) or the second proviso under the heading ‘‘Con8 tributions for International Peacekeeping Activities’’ of 

9 such title shall remain available for obligation until Sep10 tember 30, 2020. 

11 (h) NATIONAL SECURITY INTEREST WITH12 HOLDING.— 

13 (1) WITHHOLDING.—The Secretary of State 

14 shall withhold 5 percent of the funds appropriated 

15 by this Act under the heading ‘‘Contributions to 

16 International Organizations’’ for a specialized agen17 cy or other entity of the United Nations if the Sec18 retary, in consultation with the United States Am19 bassador to the United Nations, determines and re20 ports to the Committees on Appropriations that such 

21 agency or entity has taken an official action that is 

22 against the national security interest of the United 

23 States or an ally of the United States, including 

24 Israel. 


pbinns on DSK79D2C42PROD with BILLS
960 

HR 21 PCS 

1 (2) RELEASE OF FUNDS.—The Secretary of 

2 State, in consultation with the United States Am3 bassador to the United Nations, may release funds 

4 withheld pursuant to paragraph (1) if the Secretary 

5 determines and reports to the Committees on Appro6 priations that such agency or entity is taking steps 

7 to address the action that resulted in the with8 holding of such funds. 

9 (3) REPROGRAMMING.—Should the Secretary of 

10 State be unable to make a determination pursuant 

11 to paragraph (2) regarding the release of withheld 

12 funds, such funds may be reprogrammed for other 

13 purposes under the heading ‘‘Contributions to Inter14 national Organizations’’. 

15 (4) WAIVER.—The Secretary of State, following 

16 consultation with the Committees on Appropriations, 

17 may waive the requirements of this subsection if the 

18 Secretary determines that to do so in the national 

19 interest. 

20 (i) LIMITATION ON AVAILABILITY OF FUNDS FOR

21 INTERNATIONAL ORGANIZATIONS AND PROGRAMS.—Sub22 ject to the regular notification procedures of the Commit23 tees on Appropriations, funds appropriated under titles I 

24 and III through V of this Act, which are returned or not 

25 made available for organizations and programs because of 


pbinns on DSK79D2C42PROD with BILLS
961 

HR 21 PCS 

1 the implementation of section 307(a) of the Foreign As2 sistance Act of 1961, shall remain available for obligation 

3 until September 30, 2020: Provided, That the requirement 

4 to withhold funds for programs in Burma under section 

5 307(a) of the Foreign Assistance Act of 1961 shall not 

6 apply to funds appropriated by this Act. 

7 LAW ENFORCEMENT AND SECURITY

8 SEC. 7049. (a) ASSISTANCE.— 

9 (1) COMMUNITY-BASED POLICE ASSISTANCE.— 

10 Funds made available under titles III and IV of this 

11 Act to carry out the provisions of chapter 1 of part 

12 I and chapters 4 and 6 of part II of the Foreign As13 sistance Act of 1961, may be used, notwithstanding 

14 section 660 of that Act, to enhance the effectiveness 

15 and accountability of civilian police authority 

16 through training and technical assistance in human 

17 rights, the rule of law, anti-corruption, strategic 

18 planning, and through assistance to foster civilian 

19 police roles that support democratic governance, in20 cluding assistance for programs to prevent conflict, 

21 respond to disasters, address gender-based violence, 

22 and foster improved police relations with the com23 munities they serve. 

24 (2) COMBAT CASUALTY CARE.— 


pbinns on DSK79D2C42PROD with BILLS
962 

HR 21 PCS 

1 (A) Consistent with the objectives of the 

2 Foreign Assistance Act of 1961 and the Arms 

3 Export Control Act, funds appropriated by this 

4 Act under the headings ‘‘Peacekeeping Oper5 ations’’ and ‘‘Foreign Military Financing Pro6 gram’’ shall be made available for combat cas7 ualty training and equipment. 

8 (B) The Secretary of State shall offer com9 bat casualty care training and equipment as a 

10 component of any package of lethal assistance 

11 funded by this Act with funds appropriated 

12 under the headings ‘‘Peacekeeping Operations’’ 

13 and ‘‘Foreign Military Financing Program’’: 

14 Provided, That the requirement of this subpara15 graph shall apply to a country in conflict, un16 less the Secretary determines that such country 

17 has in place, to the maximum extent prac18 ticable, functioning combat casualty care treat19 ment and equipment that meets or exceeds the 

20 standards recommended by the Committee on 

21 Tactical Combat Casualty Care: Provided fur22 ther, That any such training and equipment for 

23 combat casualty care shall be made available 

24 through an open and transparent process. 

25 (3) FORENSIC ASSISTANCE.— 


pbinns on DSK79D2C42PROD with BILLS
963 

HR 21 PCS 

1 (A) Of the funds appropriated by this Act 

2 under the heading ‘‘Economic Support Fund’’, 

3 not less than $10,000,000 shall be made avail4 able for forensic anthropology assistance related 

5 to the exhumation and identification of victims 

6 of war crimes, crimes against humanity, and 

7 genocide, which shall be administered by the 

8 Assistant Secretary for Democracy, Human 

9 Rights, and Labor, Department of State: Pro10 vided, That such funds shall be in addition to 

11 funds made available by this Act and prior Acts 

12 making appropriations for the Department of 

13 State, foreign operations, and related programs 

14 for assistance for countries. 

15 (B) Of the funds appropriated by this Act 

16 under the heading ‘‘International Narcotics 

17 Control and Law Enforcement’’, not less than 

18 $2,000,000 shall be made available for DNA fo19 rensic technology programs to combat human 

20 trafficking in Central America and Mexico. 

21 (4) FOREIGN MILITARY SALES AND FOREIGN

22 MILITARY FINANCING PROGRAM.—Funds appro23 priated by this Act under the heading ‘‘Foreign Mili24 tary Financing Program’’ for the general costs of 

25 administering military assistance and sales shall be 


pbinns on DSK79D2C42PROD with BILLS
964 

HR 21 PCS 

1 made available to increase the efficiency and effec2 tiveness of programs authorized by Chapter 2 of the 

3 Arms Export Control Act: Provided, That prior to 

4 the obligation of funds for such purposes, the Sec5 retary of State shall consult with the Committees on 

6 Appropriations. 

7 (5) TRAINING RELATED TO INTERNATIONAL

8 HUMANITARIAN LAW.—Funds appropriated by this 

9 Act under the headings ‘‘Foreign Military Financing 

10 Program’’ and ‘‘Peacekeeping Operations’’ that are 

11 made available for lethal assistance shall include an 

12 offer by the Secretary of State for training related 

13 to the requirements of international humanitarian 

14 law as a component of such assistance, except that 

15 this paragraph shall not apply to a country that— 

16 (A) is a member of the North Atlantic 

17 Treaty Organization (NATO); 

18 (B) is a major non-NATO ally initially 

19 designated pursuant to section 517(b) of the 

20 Foreign Assistance Act of 1961; or 

21 (C) the Secretary of State determines is 

22 complying with international humanitarian law. 

23 (6) SECURITY FORCE PROFESSIONALIZATION.— 

24 Of the funds appropriated by this Act under the 

25 headings ‘‘International Narcotics Control and Law 


pbinns on DSK79D2C42PROD with BILLS
965 

HR 21 PCS 

1 Enforcement’’ and ‘‘Peacekeeping Operations’’, not 

2 less than $15,000,000 shall be made available to in3 crease the capacity of foreign security forces to oper4 ate in accordance with appropriate standards for 

5 human rights and the protection of civilians: Pro6 vided, That such funds shall be made available to in7 crease partner capacity to collect, track, and analyze 

8 civilian casualty data caused by such operations, in9 cluding to apply lessons learned to future operations, 

10 and to enhance investigate capacity and transparent 

11 accountability mechanisms: Provided further, That 

12 such funds shall be subject to prior consultation with 

13 the Committees on Appropriations. 

14 (b) AUTHORITIES.— 

15 (1) RECONSTITUTING CIVILIAN POLICE AU16 THORITY.—In providing assistance with funds ap17 propriated by this Act under section 660(b)(6) of 

18 the Foreign Assistance Act of 1961, support for a 

19 nation emerging from instability may be deemed to 

20 mean support for regional, district, municipal, or 

21 other sub-national entity emerging from instability, 

22 as well as a nation emerging from instability. 

23 (2) DISARMAMENT, DEMOBILIZATION, AND RE24 INTEGRATION.—Section 7034(d) of the Department 

25 of State, Foreign Operations, and Related Programs 


pbinns on DSK79D2C42PROD with BILLS
966 

HR 21 PCS 

1 Appropriations Act, 2015 (division J of Public Law 

2 113–235) shall continue in effect during fiscal year 

3 2019. 

4 (3) INTERNATIONAL PRISON CONDITIONS.— 

5 Section 7065 of the Department of State, Foreign 

6 Operations, and Related Programs Appropriations 

7 Act, 2015 (division J of Public Law 113–235) shall 

8 continue in effect during fiscal year 2019: Provided, 

9 That of the funds appropriated by this Act under 

10 the heading ‘‘International Narcotics Control and 

11 Law Enforcement’’, not less than $5,000,000 shall 

12 be made available to implement such section. 

13 (4) EXTENSION OF WAR RESERVES STOCKPILE

14 AUTHORITY.— 

15 (A) Section 12001(d) of the Department of 

16 Defense Appropriations Act, 2005 (Public Law 

17 108–287; 118 Stat. 1011) is amended by strik18 ing ‘‘2019’’ and inserting ‘‘2020’’. 

19 (B) Section 514(b)(2)(A) of the Foreign 

20 Assistance Act of 1961 (22 U.S.C. 

21 2321h(b)(2)(A)) is amended by striking ‘‘and 

22 2019’’ and inserting ‘‘2019, and 2020’’. 

23 (5) PUBLIC DISCLOSURE.—For the purposes of 

24 funds appropriated by this Act and prior Acts mak25 ing appropriations for the Department of State, forVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00966 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
967 

HR 21 PCS 

1 eign operations, and related programs that are made 

2 available for assistance for units of foreign security 

3 forces, the term ‘‘to the maximum extent prac4 ticable’’ in section 620M(d)(7) of the Foreign Assist5 ance Act of 1961 (22 U.S.C. 2378d) means that the 

6 identify of such units shall be made publicly avail7 able unless such disclosure would endanger the safe8 ty of human sources or reveal sensitive intelligence 

9 sources and methods. 

10 (c) LIMITATIONS.— 

11 (1) CHILD SOLDIERS.—Funds appropriated by 

12 this Act should not be used to support any military 

13 training or operations that include child soldiers. 

14 (2) LANDMINES AND CLUSTER MUNITIONS.— 

15 (A) LANDMINES.—Notwithstanding any 

16 other provision of law, demining equipment 

17 available to the United States Agency for Inter18 national Development and the Department of 

19 State and used in support of the clearance of 

20 landmines and unexploded ordnance for human21 itarian purposes may be disposed of on a grant 

22 basis in foreign countries, subject to such terms 

23 and conditions as the Secretary of State may 

24 prescribe. 


pbinns on DSK79D2C42PROD with BILLS
968 

HR 21 PCS 

1 (B) CLUSTER MUNITIONS.—No military 

2 assistance shall be furnished for cluster muni3 tions, no defense export license for cluster mu4 nitions may be issued, and no cluster munitions 

5 or cluster munitions technology shall be sold or 

6 transferred, unless— 

7 (i) the submunitions of the cluster 

8 munitions, after arming, do not result in 

9 more than 1 percent unexploded ordnance 

10 across the range of intended operational 

11 environments, and the agreement applica12 ble to the assistance, transfer, or sale of 

13 such cluster munitions or cluster munitions 

14 technology specifies that the cluster muni15 tions will only be used against clearly de16 fined military targets and will not be used 

17 where civilians are known to be present or 

18 in areas normally inhabited by civilians; or 

19 (ii) such assistance, license, sale, or 

20 transfer is for the purpose of demilitarizing 

21 or permanently disposing of such cluster 

22 munitions. 

23 (3) CROWD CONTROL ITEMS.—Funds appro24 priated by this Act should not be used for tear gas, 

25 small arms, light weapons, ammunition, or other 


pbinns on DSK79D2C42PROD with BILLS
969 

HR 21 PCS 

1 items for crowd control purposes for foreign security 

2 forces that use excessive force to repress peaceful ex3 pression, association, or assembly in countries that 

4 the Secretary of State determines are undemocratic 

5 or are undergoing democratic transitions. 

6 (d) REPORTS.— 

7 (1) VETTING REPORT.— 

8 (A) IN GENERAL.—Not later than 90 days 

9 after enactment of this Act, the Secretary of 

10 State shall submit a report to the appropriate 

11 congressional committees on foreign assistance 

12 cases submitted for vetting for purposes of sec13 tion 620M of the Foreign Assistance Act of 

14 1961 during the preceding fiscal year, includ15 ing— 

16 (i) the total number of cases sub17 mitted, approved, suspended, or rejected 

18 for human rights reasons; and 

19 (ii) for cases rejected, a description of 

20 the steps taken to assist the foreign gov21 ernment in taking effective measures to 

22 bring the responsible members of the secu23 rity forces to justice, in accordance with 

24 section 620M(c) of the Foreign Assistance 

25 Act of 1961. 


pbinns on DSK79D2C42PROD with BILLS
970 

HR 21 PCS 

1 (B) FORM.—The report required by this 

2 paragraph shall be submitted in unclassified 

3 form, but may be accompanied by a classified 

4 annex. 

5 (2) ANNUAL FOREIGN MILITARY TRAINING RE6 PORT.—For the purposes of implementing section 

7 656 of the Foreign Assistance Act of 1961, the term 

8 ‘‘military training provided to foreign military per9 sonnel by the Department of Defense and the De10 partment of State’’ shall be deemed to include all 

11 military training provided by foreign governments 

12 with funds appropriated to the Department of De13 fense or the Department of State, except for train14 ing provided by the government of a country des15 ignated by section 517(b) of such Act as a major 

16 non-NATO ally. 

17 DISABILITY PROGRAMS

18 SEC. 7050. (a) ASSISTANCE.—Funds appropriated by 

19 this Act under the heading ‘‘Economic Support Fund’’ 

20 shall be made available for programs and activities admin21 istered by the United States Agency for International De22 velopment to address the needs and protect and promote 

23 the rights of people with disabilities in developing coun24 tries, including initiatives that focus on independent living, 

25 economic self-sufficiency, advocacy, education, employVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00970 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
971 

HR 21 PCS 

1 ment, transportation, sports, and integration of individ2 uals with disabilities, including for the cost of translation. 

3 (b) MANAGEMENT, OVERSIGHT, AND TECHNICAL

4 SUPPORT.—Of the funds made available pursuant to this 

5 section, 5 percent may be used for USAID for manage6 ment, oversight, and technical support. 

7 INTERNATIONAL CONFERENCES

8 SEC. 7051. None of the funds made available in this 

9 Act may be used to send or otherwise pay for the attend10 ance of more than 50 employees of agencies or depart11 ments of the United States Government who are stationed 

12 in the United States, at any single international con13 ference occurring outside the United States, unless the 

14 Secretary of State reports to the Committees on Appro15 priations at least 5 days in advance that such attendance 

16 is important to the national interest: Provided, That for 

17 purposes of this section the term ‘‘international con18 ference’’ shall mean a conference attended by representa19 tives of the United States Government and of foreign gov20 ernments, international organizations, or nongovern21 mental organizations. 

22 AIRCRAFT TRANSFER, COORDINATION, AND USE

23 SEC. 7052. (a) TRANSFER AUTHORITY.—Notwith24 standing any other provision of law or regulation, aircraft 

25 procured with funds appropriated by this Act and prior 


pbinns on DSK79D2C42PROD with BILLS
972 

HR 21 PCS 

1 Acts making appropriations for the Department of State, 

2 foreign operations, and related programs under the head3 ings ‘‘Diplomatic Programs’’, ‘‘International Narcotics 

4 Control and Law Enforcement’’, ‘‘Andean Counterdrug 

5 Initiative’’, and ‘‘Andean Counterdrug Programs’’ may be 

6 used for any other program and in any region. 

7 (b) PROPERTY DISPOSAL.—The authority provided 

8 in subsection (a) shall apply only after the Secretary of 

9 State determines and reports to the Committees on Appro10 priations that the equipment is no longer required to meet 

11 programmatic purposes in the designated country or re12 gion: Provided, That any such transfer shall be subject 

13 to prior consultation with, and the regular notification 

14 procedures of, the Committees on Appropriations. 

15 (c) AIRCRAFT COORDINATION.— 

16 (1) AUTHORITY.—The uses of aircraft pur17 chased or leased by the Department of State and the 

18 United States Agency for International Development 

19 with funds made available in this Act or prior Acts 

20 making appropriations for the Department of State, 

21 foreign operations, and related programs shall be co22 ordinated under the authority of the appropriate 

23 Chief of Mission: Provided, That such aircraft may 

24 be used to transport, on a reimbursable or non-reim25 bursable basis, Federal and non-Federal personnel 


pbinns on DSK79D2C42PROD with BILLS
973 

HR 21 PCS 

1 supporting Department of State and USAID pro2 grams and activities: Provided further, That official 

3 travel for other agencies for other purposes may be 

4 supported on a reimbursable basis, or without reim5 bursement when traveling on a space available basis: 

6 Provided further, That funds received by the Depart7 ment of State in connection with the use of aircraft 

8 owned, leased, or chartered by the Department of 

9 State may be credited to the Working Capital Fund 

10 of the Department and shall be available for ex11 penses related to the purchase, lease, maintenance, 

12 chartering, or operation of such aircraft. 

13 (2) SCOPE.—The requirement and authorities 

14 of this subsection shall only apply to aircraft, the 

15 primary purpose of which is the transportation of 

16 personnel. 

17 (d) AIRCRAFT OPERATIONS AND MAINTENANCE.— 

18 To the maximum extent practicable, the costs of oper19 ations and maintenance, including fuel, of aircraft funded 

20 by this Act shall be borne by the recipient country. 

21 PARKING FINES AND REAL PROPERTY TAXES OWED BY

22 FOREIGN GOVERNMENTS

23 SEC. 7053. The terms and conditions of section 7055 

24 of the Department of State, Foreign Operations, and Re25 lated Programs Appropriations Act, 2010 (division F of 


pbinns on DSK79D2C42PROD with BILLS
974 

HR 21 PCS 

1 Public Law 111–117) shall apply to this Act: Provided, 

2 That the date ‘‘September 30, 2009’’ in subsection 

3 (f)(2)(B) of such section shall be deemed to be ‘‘Sep4 tember 30, 2018’’. 

5 ARMS TRADE TREATY

6 SEC. 7054. None of the funds appropriated by this 

7 Act may be obligated or expended to implement the Arms 

8 Trade Treaty until the Senate approves a resolution of 

9 ratification for the Treaty. 

10 PROHIBITION ON PUBLICITY OR PROPAGANDA

11 SEC. 7055. No part of any appropriation contained 

12 in this Act shall be used for publicity or propaganda pur13 poses within the United States not authorized before the 

14 date of the enactment of this Act by Congress: Provided, 

15 That not to exceed $25,000 may be made available to 

16 carry out the provisions of section 316 of the International 

17 Security and Development Cooperation Act of 1980 (Pub18 lic Law 96–533; 22 U.S.C. 2151a note). 

19 COMMERCIAL LEASING OF DEFENSE ARTICLES

20 SEC. 7056. Notwithstanding any other provision of 

21 law, and subject to the regular notification procedures of 

22 the Committees on Appropriations, the authority of sec23 tion 23(a) of the Arms Export Control Act may be used 

24 to provide financing to Israel, Egypt, the North Atlantic 

25 Treaty Organization (NATO), and major non-NATO allies 


pbinns on DSK79D2C42PROD with BILLS
975 

HR 21 PCS 

1 for the procurement by leasing (including leasing with an 

2 option to purchase) of defense articles from United States 

3 commercial suppliers, not including Major Defense Equip4 ment (other than helicopters and other types of aircraft 

5 having possible civilian application), if the President deter6 mines that there are compelling foreign policy or national 

7 security reasons for those defense articles being provided 

8 by commercial lease rather than by government-to-govern9 ment sale under such Act. 

10 UNITED STATES AGENCY FOR INTERNATIONAL

11 DEVELOPMENT MANAGEMENT

12 SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of 

13 the funds made available in title III of this Act pursuant 

14 to or to carry out the provisions of part I of the Foreign 

15 Assistance Act of 1961, including funds appropriated 

16 under the heading ‘‘Assistance for Europe, Eurasia and 

17 Central Asia’’, may be used by the United States Agency 

18 for International Development to hire and employ individ19 uals in the United States and overseas on a limited ap20 pointment basis pursuant to the authority of sections 308 

21 and 309 of the Foreign Service Act of 1980 (22 U.S.C. 

22 3948 and 3949). 

23 (b) RESTRICTIONS.— 


pbinns on DSK79D2C42PROD with BILLS
976 

HR 21 PCS 

1 (1) The number of individuals hired in any fis2 cal year pursuant to the authority contained in sub3 section (a) may not exceed 175. 

4 (2) The authority to hire individuals contained 

5 in subsection (a) shall expire on September 30, 

6 2020. 

7 (c) CONDITIONS.—The authority of subsection (a) 

8 should only be used to the extent that an equivalent num9 ber of positions that are filled by personal services contrac10 tors or other non-direct hire employees of USAID, who 

11 are compensated with funds appropriated to carry out part 

12 I of the Foreign Assistance Act of 1961, including funds 

13 appropriated under the heading ‘‘Assistance for Europe, 

14 Eurasia and Central Asia’’, are eliminated. 

15 (d) PROGRAM ACCOUNT CHARGED.—The account 

16 charged for the cost of an individual hired and employed 

17 under the authority of this section shall be the account 

18 to which the responsibilities of such individual primarily 

19 relate: Provided, That funds made available to carry out 

20 this section may be transferred to, and merged with, funds 

21 appropriated by this Act in title II under the heading ‘‘Op22 erating Expenses’’. 

23 (e) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi24 viduals hired and employed by USAID, with funds made 

25 available in this Act or prior Acts making appropriations 


pbinns on DSK79D2C42PROD with BILLS
977 

HR 21 PCS 

1 for the Department of State, foreign operations, and re2 lated programs, pursuant to the authority of section 309 

3 of the Foreign Service Act of 1980 (22 U.S.C. 3949), may 

4 be extended for a period of up to 4 years notwithstanding 

5 the limitation set forth in such section. 

6 (f) DISASTER SURGE CAPACITY.—Funds appro7 priated under title III of this Act to carry out part I of 

8 the Foreign Assistance Act of 1961, including funds ap9 propriated under the heading ‘‘Assistance for Europe, 

10 Eurasia and Central Asia’’, may be used, in addition to 

11 funds otherwise available for such purposes, for the cost 

12 (including the support costs) of individuals detailed to or 

13 employed by USAID whose primary responsibility is to 

14 carry out programs in response to natural disasters, or 

15 man-made disasters subject to the regular notification 

16 procedures of the Committees on Appropriations. 

17 (g) PERSONAL SERVICES CONTRACTORS.—Funds ap18 propriated by this Act to carry out chapter 1 of part I, 

19 chapter 4 of part II, and section 667 of the Foreign As20 sistance Act of 1961, and title II of the Food for Peace 

21 Act (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be 

22 used by USAID to employ up to 40 personal services con23 tractors in the United States, notwithstanding any other 

24 provision of law, for the purpose of providing direct, in25 terim support for new or expanded overseas programs and 


pbinns on DSK79D2C42PROD with BILLS
978 

HR 21 PCS 

1 activities managed by the agency until permanent direct 

2 hire personnel are hired and trained: Provided, That not 

3 more than 15 of such contractors shall be assigned to any 

4 bureau or office: Provided further, That such funds appro5 priated to carry out title II of the Food for Peace Act 

6 (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be made 

7 available only for personal services contractors assigned 

8 to the Office of Food for Peace. 

9 (h) SMALL BUSINESS.—In entering into multiple 

10 award indefinite-quantity contracts with funds appro11 priated by this Act, USAID may provide an exception to 

12 the fair opportunity process for placing task orders under 

13 such contracts when the order is placed with any category 

14 of small or small disadvantaged business. 

15 (i) SENIOR FOREIGN SERVICE LIMITED APPOINT16 MENTS.—Individuals hired pursuant to the authority pro17 vided by section 7059(o) of the Department of State, For18 eign Operations, and Related Programs Appropriations 

19 Act, 2010 (division F of Public Law 111–117) may be 

20 assigned to or support programs in Afghanistan or Paki21 stan with funds made available in this Act and prior Acts 

22 making appropriations for the Department of State, for23 eign operations, and related programs. 


pbinns on DSK79D2C42PROD with BILLS
979 

HR 21 PCS 

1 GLOBAL HEALTH ACTIVITIES

2 SEC. 7058. (a) IN GENERAL.—Funds appropriated 

3 under titles III and IV of this Act that are made available 

4 for global health programs including activities relating to 

5 research on, and the prevention, treatment and control of, 

6 HIV/AIDS may be made available notwithstanding any 

7 other provision of law except for provisions under the 

8 heading ‘‘Global Health Programs’’ and the United States 

9 Leadership Against HIV/AIDS, Tuberculosis, and Malaria 

10 Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as 

11 amended: Provided, That of the funds appropriated under 

12 title III of this Act, not less than $595,050,000 shall be 

13 made available for family planning and reproductive 

14 health activities, including in areas where population 

15 growth threatens biodiversity and endangered species. 

16 (b) GLOBAL FUND.—Of the funds appropriated by 

17 this Act that are available for a contribution to the Global 

18 Fund to Fight AIDS, Tuberculosis and Malaria (Global 

19 Fund), 10 percent should be withheld from obligation until 

20 the Secretary of State determines and reports to the Com21 mittees on Appropriations that the Global Fund is— 

22 (1) maintaining and implementing a policy of 

23 transparency, including the authority of the Global 

24 Fund Office of the Inspector General (OIG) to pub25 lish OIG reports on a public website; 


pbinns on DSK79D2C42PROD with BILLS
980 

HR 21 PCS 

1 (2) providing sufficient resources to maintain 

2 an independent OIG that— 

3 (A) reports directly to the Board of the 

4 Global Fund; 

5 (B) maintains a mandate to conduct thor6 ough investigations and programmatic audits, 

7 free from undue interference; and 

8 (C) compiles regular, publicly published 

9 audits and investigations of financial, pro10 grammatic, and reporting aspects of the Global 

11 Fund, its grantees, recipients, sub-recipients, 

12 and Local Fund Agents; 

13 (3) effectively implementing and enforcing poli14 cies and procedures which reflect best practices for 

15 the protection of whistleblowers from retaliation, in16 cluding best practices for— 

17 (A) protection against retaliation for inter18 nal and lawful public disclosures; 

19 (B) legal burdens of proof; 

20 (C) statutes of limitation for reporting re21 taliation; 

22 (D) access to independent adjudicative 

23 bodies, including external arbitration; and 

24 (E) results that eliminate the effects of 

25 proven retaliation: 


pbinns on DSK79D2C42PROD with BILLS
981 

HR 21 PCS 

1 Provided, That such withholding shall not be in ad2 dition to funds that are withheld from the Global 

3 Fund in fiscal year 2019 pursuant to the application 

4 of any other provision contained in this or any other 

5 Act. 

6 (c) CONTAGIOUS INFECTIOUS DISEASE OUT7 BREAKS.— 

8 (1) EXTRAORDINARY MEASURES.—If the Sec9 retary of State determines and reports to the Com10 mittees on Appropriations that an international in11 fectious disease outbreak is sustained, severe, and is 

12 spreading internationally, or that it is in the na13 tional interest to respond to a Public Health Emer14 gency of International Concern, funds appropriated 

15 by this Act under the headings ‘‘Global Health Pro16 grams’’, ‘‘Development Assistance’’, ‘‘International 

17 Disaster Assistance’’, ‘‘Complex Crises Fund’’, 

18 ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, 

19 ‘‘Assistance for Europe, Eurasia and Central Asia’’, 

20 ‘‘Migration and Refugee Assistance’’, and ‘‘Millen21 nium Challenge Corporation’’ may be made available 

22 to combat such infectious disease or public health 

23 emergency, and may be transferred to, and merged 

24 with, funds appropriated under such headings for 

25 the purposes of this paragraph. 


pbinns on DSK79D2C42PROD with BILLS
982 

HR 21 PCS 

1 (2) CONSULTATION AND NOTIFICATION.— 

2 Funds made available by this subsection shall be 

3 subject to prior consultation with the appropriate 

4 congressional committees, and the regular notifica5 tion procedures of the Committees on Appropria6 tions. 

7 (d) REPURPOSED FUNDS.— 

8 (1) USES.—Of the unobligated balances avail9 able under the heading ‘‘Bilateral Economic Assist10 ance’’ in title IX of the Department of State, For11 eign Operations, and Related Programs Appropria12 tions Act, 2015 (division J of Public Law 113– 

13 235)— 

14 (A) $27,450,000 shall be for programs to 

15 accelerate the capabilities of targeted countries 

16 to prevent, detect, and respond to infectious 

17 disease outbreaks; and 

18 (B) the remaining balances shall be made 

19 available for the Emergency Reserve Fund es20 tablished pursuant to section 7058(c)(1) of the 

21 Department of State, Foreign Operations, and 

22 Related Programs Appropriations Act, 2017 

23 (division J of Public Law 115–31) and shall be 

24 made available under the same terms and con25 ditions of such section: Provided, That the secVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00982 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
983 

HR 21 PCS 

1 ond proviso of such paragraph is amended by 

2 striking ‘‘Secretary of State’’ and inserting in 

3 lieu thereof ‘‘Administrator of the United 

4 States Agency for International Development’’. 

5 (2) CONSULTATION AND NOTIFICATION.— 

6 Funds made available by this subsection shall be 

7 subject to prior consultation with, and the regular 

8 notification procedures of, the Committees on Ap9 propriations. 

10 (3) TRANSFER BETWEEN ACCOUNTS.—Funds 

11 made available pursuant to this subsection under the 

12 headings ‘‘Global Health Programs’’ and ‘‘Inter13 national Disaster Assistance’’ may be transferred to, 

14 and merged with, funds made available under such 

15 headings: Provided, That such transfer authority is 

16 in addition to any other transfer authority provided 

17 by law. 

18 (4) DESIGNATION.—The amounts repurposed 

19 under this subsection are designated by the Con20 gress as an emergency requirement pursuant to sec21 tion 251(b)(2)(A)(i) of the Balanced Budget and 

22 Emergency Deficit Control Act of 1985 and shall be 

23 available only if the President subsequently so des24 ignates all such amounts and transmits such des25 ignations to the Congress. 


pbinns on DSK79D2C42PROD with BILLS
984 

HR 21 PCS 

1 GENDER EQUALITY

2 SEC. 7059. (a) GENDER EQUALITY.—Funds appro3 priated by this Act shall be made available to promote gen4 der equality in United States Government diplomatic and 

5 development efforts by raising the status, increasing the 

6 participation, and protecting the rights of women and girls 

7 worldwide. 

8 (b) WOMEN’S LEADERSHIP.—Of the funds appro9 priated by title III of this Act, not less than $50,000,000 

10 shall be made available for programs specifically designed 

11 to increase leadership opportunities for women in coun12 tries where women and girls suffer discrimination due to 

13 law, policy, or practice, by strengthening protections for 

14 women’s political status, expanding women’s participation 

15 in political parties and elections, and increasing women’s 

16 opportunities for leadership positions in the public and 

17 private sectors at the local, provincial, and national levels. 

18 (c) GENDER-BASED VIOLENCE.— 

19 (1)(A) Of the funds appropriated under titles 

20 III and IV of this Act, not less than $150,000,000 

21 shall be made available to implement a multi-year 

22 strategy to prevent and respond to gender-based vio23 lence in countries where it is common in conflict and 

24 non-conflict settings. 


pbinns on DSK79D2C42PROD with BILLS
985 

HR 21 PCS 

1 (B) Funds appropriated under titles III and IV 

2 of this Act that are available to train foreign police, 

3 judicial, and military personnel, including for inter4 national peacekeeping operations, shall address, 

5 where appropriate, prevention and response to gen6 der-based violence and trafficking in persons, and 

7 shall promote the integration of women into the po8 lice and other security forces. 

9 (2) Department of State and United States 

10 Agency for International Development gender pro11 grams shall incorporate coordinated efforts to com12 bat a variety of forms of gender-based violence, in13 cluding child marriage, rape, female genital cutting 

14 and mutilation, and domestic violence, among other 

15 forms of gender-based violence in conflict and non16 conflict settings. 

17 (d) WOMEN, PEACE, AND SECURITY.—Funds appro18 priated by this Act under the headings ‘‘Development As19 sistance’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Eu20 rope, Eurasia and Central Asia’’, and ‘‘International Nar21 cotics Control and Law Enforcement’’ should be made 

22 available to support a multi-year strategy to expand, and 

23 improve coordination of, United States Government ef24 forts to empower women as equal partners in conflict pre25 vention, peace building, transitional processes, and reconVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00985 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
986 

HR 21 PCS 

1 struction efforts in countries affected by conflict or in po2 litical transition, and to ensure the equitable provision of 

3 relief and recovery assistance to women and girls. 

4 (e) WOMEN AND GIRLS AT RISK FROM EXTRE5 MISM.—Of the funds appropriated by this Act under the 

6 heading ‘‘Economic Support Fund’’, not less than 

7 $15,000,000 shall be made available to support women 

8 and girls who are at risk from extremism and conflict, and 

9 for the activities described in section 7059(e)(1) of the De10 partment of State, Foreign Operations, and Related Pro11 grams Appropriations Act, 2018 (division K of Public Law 

12 115–141): Provided, That such funds are in addition to 

13 amounts otherwise made available by this Act for such 

14 purposes, and shall be made available following consulta15 tion with, and the regular notification procedures of, the 

16 Committees on Appropriations. 

17 SECTOR ALLOCATIONS

18 SEC. 7060. (a) BASIC EDUCATION AND HIGHER

19 EDUCATION.— 

20 (1) BASIC EDUCATION.— 

21 (A) Of the funds appropriated under title 

22 III of this Act, up to $515,000,000 may be 

23 made available for assistance for basic edu24 cation, and such funds may be made available 

25 notwithstanding any other provision of law that 


pbinns on DSK79D2C42PROD with BILLS
987 

HR 21 PCS 

1 restricts assistance to foreign countries: Pro2 vided, That such funds shall also be used for 

3 secondary education activities: Provided further, 

4 That the USAID Administrator, following con5 sultation with the Committees on Appropria6 tions, may reprogram such funds between coun7 tries. 

8 (B) If the USAID Administrator deter9 mines that any unobligated balances of funds 

10 specifically designated for assistance for basic 

11 education in prior Acts making appropriations 

12 for the Department of State, foreign operations, 

13 and related programs are in excess of the ab14 sorptive capacity of recipient countries, such 

15 funds may be made available for other pro16 grams authorized under chapter 1 of part I of 

17 the Foreign Assistance Act of 1961, notwith18 standing such funding designation: Provided, 

19 That the authority of the previous proviso shall 

20 be subject to prior consultation with, and the 

21 regular notification procedures of, the Commit22 tees on Appropriations. 

23 (C) Of the funds appropriated under title 

24 III of this Act for assistance for basic education 

25 programs, not less than $90,000,000 shall be 


pbinns on DSK79D2C42PROD with BILLS
988 

HR 21 PCS 

1 made available for a contribution to multilateral 

2 partnerships that support education. 

3 (2) HIGHER EDUCATION.—Of the funds appro4 priated by title III of this Act, not less than 

5 $235,000,000 shall be made available for assistance 

6 for higher education: Provided, That such funds may 

7 be made available notwithstanding any other provi8 sion of law that restricts assistance to foreign coun9 tries, and shall be subject to the regular notification 

10 procedures of the Committees on Appropriations: 

11 Provided further, That of such amount, not less than 

12 $35,000,000 shall be made available for human and 

13 institutional capacity building partnerships between 

14 higher education institutions in the United States 

15 and developing countries, of which not less than 

16 $15,000,000 shall be for new partnerships which 

17 should be competed and awarded not later than one 

18 year after enactment of this Act: Provided further, 

19 That not later than 45 days after enactment of this 

20 Act, the USAID Administrator shall consult with 

21 the Committees on Appropriations on the proposed 

22 uses of funds for such partnerships. 

23 (3) MCCAIN SCHOLARS PROGRAM.—Funds ap24 propriated by this Act under the heading ‘‘Edu25 cational and Cultural Exchange Programs’’ that are 


pbinns on DSK79D2C42PROD with BILLS
989 

HR 21 PCS 

1 made available for the Benjamin Gilman Inter2 national Scholarships Program shall also be made 

3 available for the McCain Scholars Program, pursu4 ant to section 303 of the International Academic 

5 Opportunity Act of 2000 (Public Law 106–309), to 

6 include the dependents of active United States mili7 tary personnel who are receiving any form of Fed8 eral Financial Aid under title IV of the Higher Edu9 cation Act of 1965. 

10 (b) DEVELOPMENT PROGRAMS.—Of the funds appro11 priated by this Act under the heading ‘‘Development As12 sistance’’, not less than $30,000,000 shall be made avail13 able for the American Schools and Hospitals Abroad pro14 gram, and not less than $12,000,000 shall be made avail15 able for cooperative development programs of USAID. 

16 (c) ENVIRONMENT AND ENERGY PROGRAMS.— 

17 (1) IN GENERAL.—Of the funds appropriated 

18 under title III of this Act, not less than 

19 $942,563,000 shall be made available for environ20 ment and renewable energy programs, of which not 

21 less than $179,000,000 shall be for renewable en22 ergy programs and not less than $177,000,000 shall 

23 be for adaptation programs. 

24 (2) AUTHORITY AND NOTIFICATION.— 


pbinns on DSK79D2C42PROD with BILLS
990 

HR 21 PCS 

1 (A) Funds appropriated by this Act to 

2 carry out the provisions of sections 103 through 

3 106, and chapter 4 of part II, of the Foreign 

4 Assistance Act of 1961 may be used, notwith5 standing any other provision of law, except for 

6 the provisions of this subsection, to support en7 vironment programs. 

8 (B) Funds made available pursuant to this 

9 subsection shall be subject to the regular notifi10 cation procedures of the Committees on Appro11 priations. 

12 (3) CONSERVATION PROGRAMS AND LIMITA13 TIONS.— 

14 (A) Of the funds appropriated under title 

15 III of this Act, not less than $295,000,000 

16 shall be made available for biodiversity con17 servation programs. 

18 (B) Not less than $90,664,000 of the 

19 funds appropriated under titles III and IV of 

20 this Act shall be made available to combat the 

21 transnational threat of wildlife poaching and 

22 trafficking. 

23 (C) None of the funds appropriated under 

24 title IV of this Act may be made available for 

25 training or other assistance for any military 


pbinns on DSK79D2C42PROD with BILLS
991 

HR 21 PCS 

1 unit or personnel that the Secretary of State 

2 determines has been credibly alleged to have 

3 participated in wildlife poaching or trafficking, 

4 unless the Secretary reports to the appropriate 

5 congressional committees that to do so is in the 

6 national security interest of the United States. 

7 (D) Funds appropriated by this Act for 

8 biodiversity programs shall not be used to sup9 port the expansion of industrial scale logging or 

10 any other industrial scale extractive activity 

11 into areas that were primary/intact tropical for12 ests as of December 30, 2013, and the Sec13 retary of the Treasury shall instruct the United 

14 States executive directors of each international 

15 financial institutions (IFI) to vote against any 

16 financing of any such activity. 

17 (4) LARGE DAMS.—The Secretary of the Treas18 ury shall instruct the United States executive direc19 tor of each IFI that it is the policy of the United 

20 States to vote in relation to any loan, grant, strat21 egy, or policy of such institution to support the con22 struction of any large dam consistent with the cri23 teria set forth in Senate Report 114–79, while also 

24 considering whether the project involves important 

25 foreign policy objectives. 


pbinns on DSK79D2C42PROD with BILLS
992 

HR 21 PCS 

1 (5) SUSTAINABLE LANDSCAPES.—Of the funds 

2 appropriated under title III of this Act, not less than 

3 $135,000,000 shall be made available for sustainable 

4 landscapes programs. 

5 (6) STRATEGIES.—The Secretary of State shall 

6 submit the strategies in the manner described under 

7 this heading in this section in Senate report 115- 

8 282. 

9 (d) FOOD SECURITY AND AGRICULTURAL DEVELOP10 MENT.—Of the funds appropriated by title III of this Act, 

11 not less than $1,000,600,000 shall be made available for 

12 food security and agricultural development programs to 

13 carry out the purposes of the Global Food Security Act 

14 of 2016 (Public Law 114–195), of which not less than 

15 $315,960,000 shall be made available for the Bureau for 

16 Food Security, USAID, including not less than 

17 $55,000,000 for the Feed the Future Innovation Labs: 

18 Provided, That funds may be made available for a con19 tribution as authorized by section 3202 of the Food, Con20 servation, and Energy Act of 2008 (Public Law 110–246), 

21 as amended by section 3206 of the Agricultural Act of 

22 2014 (Public Law 113–79). 

23 (e) MICRO- AND SMALL ENTERPRISES.—Of the 

24 funds appropriated by this Act, not less than 

25 $265,000,000 shall be made available to support the develVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00992 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
993 

HR 21 PCS 

1 opment of, and access to financing for, micro- and small 

2 enterprises that benefit the poor, especially women. 

3 (f) PROGRAMS TO COMBAT TRAFFICKING IN PER4 SONS.—Of the funds appropriated by this Act under the 

5 headings ‘‘Development Assistance’’, ‘‘Economic Support 

6 Fund’’, ‘‘Assistance for Europe, Eurasia and Central 

7 Asia’’, and ‘‘International Narcotics Control and Law En8 forcement’’, not less than $65,000,000 shall be made 

9 available for activities to combat trafficking in persons 

10 internationally, of which not less than $40,000,000 shall 

11 be from funds made available under the heading ‘‘Inter12 national Narcotics Control and Law Enforcement’’: Pro13 vided, That funds appropriated by this Act that are made 

14 available for programs to end modern slavery shall be in 

15 addition to funds made available by this subsection to 

16 combat trafficking in persons. 

17 (g) RECONCILIATION PROGRAMS.—Of the funds ap18 propriated by this Act under the headings ‘‘Economic 

19 Support Fund’’ and ‘‘Development Assistance’’, not less 

20 than $30,000,000 shall be made available to support peo21 ple-to-people reconciliation programs which bring together 

22 individuals of different ethnic, religious, and political 

23 backgrounds from areas of civil strife and war: Provided, 

24 That the USAID Administrator shall consult with the 

25 Committees on Appropriations, prior to the initial obligaVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00993 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
994 

HR 21 PCS 

1 tion of funds, on the uses of such funds, and such funds 

2 shall be subject to the regular notification procedures of 

3 the Committees on Appropriations: Provided further, That 

4 to the maximum extent practicable, such funds shall be 

5 matched by sources other than the United States Govern6 ment: Provided further, That such funds shall be adminis7 tered by the Office of Conflict Management and Mitiga8 tion, USAID. 

9 (h) WATER AND SANITATION.— 

10 (1) Of the funds appropriated by this Act, not 

11 less than $435,000,000 shall be made available for 

12 water supply and sanitation projects pursuant to 

13 section 136 of the Foreign Assistance Act of 1961, 

14 of which not less than $195,000,000 shall be for 

15 programs in sub-Saharan Africa, and of which not 

16 less than $15,000,000 shall be made available to 

17 support initiatives by local communities in devel18 oping countries to build and maintain safe latrines. 

19 (2) In furtherance of the mandate of the Water 

20 for the World Act to provide sustainable access to 

21 clean water and sanitation for the world’s poorest 

22 people and in order to promote transparency and ac23 countability, not later than 45 days after enactment 

24 of this Act the USAID Administrator shall submit 

25 to the appropriate congressional committees the speVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00994 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
995 

HR 21 PCS 

1 cific weighting of criteria in the WASH Needs Index 

2 and an explanation of how it is used to prioritize 

3 funding that is proportionate to the needs of a coun4 try for water, sanitation, and hygiene projects. 

5 OVERSEAS PRIVATE INVESTMENT CORPORATION

6 SEC. 7061. (a) TRANSFER OF FUNDS.—Whenever 

7 the President determines that it is in furtherance of the 

8 purposes of the Foreign Assistance Act of 1961, up to a 

9 total of $20,000,000 of the funds appropriated under title 

10 III of this Act may be transferred to, and merged with, 

11 funds appropriated by this Act for the Overseas Private 

12 Investment Corporation Program Account, to be subject 

13 to the terms and conditions of that account: Provided, 

14 That such funds shall not be available for administrative 

15 expenses of the Overseas Private Investment Corporation: 

16 Provided further, That designated funding levels in this 

17 Act shall not be transferred pursuant to this section: Pro18 vided further, That the exercise of such authority shall be 

19 subject to the regular notification procedures of the Com20 mittees on Appropriations. 

21 (b) AUTHORITY.—Notwithstanding section 235(a)(2) 

22 of the Foreign Assistance Act of 1961, the authority of 

23 subsections (a) through (c) of section 234 of such Act 

24 shall remain in effect until September 30, 2019. 


pbinns on DSK79D2C42PROD with BILLS
996 

HR 21 PCS 

1 INSPECTORS GENERAL

2 SEC. 7062. (a) PROHIBITION ON USE OF FUNDS.— 

3 None of the funds appropriated by this Act may be used 

4 to deny an Inspector General funded under this Act timely 

5 access to any records, documents, or other materials avail6 able to the department or agency of the United States 

7 Government over which such Inspector General has re8 sponsibilities under the Inspector General Act of 1978 (5 

9 U.S.C. App.), or to prevent or impede the access of such 

10 Inspector General to such records, documents, or other 

11 materials, under any provision of law, except a provision 

12 of law that expressly refers to such Inspector General and 

13 expressly limits the right of access of such Inspector Gen14 eral. 

15 (b) TIMELY ACCESS.—A department or agency of the 

16 United States Government covered by this section shall 

17 provide its Inspector General access to all records, docu18 ments, and other materials in a timely manner. 

19 (c) COMPLIANCE.—Each Inspector General covered 

20 by this section shall ensure compliance with statutory limi21 tations on disclosure relevant to the information provided 

22 by the department or agency over which that Inspector 

23 General has responsibilities under the Inspector General 

24 Act of 1978 (5 U.S.C. App.). 


pbinns on DSK79D2C42PROD with BILLS
997 

HR 21 PCS 

1 (d) REPORT.—Each Inspector General covered by 

2 this section shall report to the Committees on Appropria3 tions within 5 calendar days of any failure by any depart4 ment or agency of the United States Government to pro5 vide its Inspector General access to all requested records, 

6 documents, and other materials. 

7 INDIVIDUALS DETAINED AT UNITED STATES NAVAL

8 STATION, GUANTA ́NAMO BAY, CUBA

9 SEC. 7063. Not later than 5 days after the conclusion 

10 of an agreement with a country, including a state with 

11 a compact of free association with the United States, to 

12 receive by transfer or release individuals detained at 

13 United States Naval Station, Guanta ́namo Bay, Cuba, the 

14 Secretary of State shall notify the Committees on Appro15 priations in writing of the terms of the agreement, includ16 ing whether funds appropriated by this Act or prior Acts 

17 making appropriations for the Department of State, for18 eign operations, and related programs will be made avail19 able for assistance for such country pursuant to such 

20 agreement. 

21 MULTI-YEAR PLEDGES

22 SEC. 7064. None of the funds appropriated by this 

23 Act may be used to make any pledge for future year fund24 ing for any multilateral or bilateral program funded in ti25 tles III through VI of this Act unless such pledge was— 


pbinns on DSK79D2C42PROD with BILLS
998 

HR 21 PCS 

1 (1) previously justified, including the projected 

2 future year costs, in a congressional budget justifica3 tion; 

4 (2) included in an Act making appropriations 

5 for the Department of State, foreign operations, and 

6 related programs or previously authorized by an Act 

7 of Congress; 

8 (3) notified in accordance with the regular noti9 fication procedures of the Committees on Appropria10 tions, including the projected future year costs; or 

11 (4) the subject of prior consultation with the 

12 Committees on Appropriations and such consultation 

13 was conducted at least 7 days in advance of the 

14 pledge. 

15 TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING

16 TREATMENT OR PUNISHMENT

17 SEC. 7065. (a) LIMITATION.—None of the funds 

18 made available by this Act may be used to support or jus19 tify the use of torture and other cruel, inhuman, or de20 grading treatment or punishment by any official or con21 tract employee of the United States Government. 

22 (b) ASSISTANCE.—Funds appropriated under titles 

23 III and IV of this Act shall be made available, notwith24 standing section 660 of the Foreign Assistance Act of 

25 1961 and following consultation with the Committees on 


pbinns on DSK79D2C42PROD with BILLS
999 

HR 21 PCS 

1 Appropriations, for assistance to eliminate torture and 

2 other cruel, inhuman, or degrading treatment or punish3 ment by foreign police, military or other security forces 

4 in countries receiving assistance from funds appropriated 

5 by this Act. 

6 EXTRADITION

7 SEC. 7066. (a) LIMITATION.—None of the funds ap8 propriated in this Act may be used to provide assistance 

9 (other than funds provided under the headings ‘‘Inter10 national Disaster Assistance’’, ‘‘Complex Crises Fund’’, 

11 ‘‘International Narcotics Control and Law Enforcement’’, 

12 ‘‘Migration and Refugee Assistance’’, ‘‘United States 

13 Emergency Refugee and Migration Assistance Fund’’, and 

14 ‘‘Nonproliferation, Anti-terrorism, Demining and Related 

15 Assistance’’) for the central government of a country 

16 which has notified the Department of State of its refusal 

17 to extradite to the United States any individual indicted 

18 for a criminal offense for which the maximum penalty is 

19 life imprisonment without the possibility of parole or for 

20 killing a law enforcement officer, as specified in a United 

21 States extradition request. 

22 (b) CLARIFICATION.—Subsection (a) shall only apply 

23 to the central government of a country with which the 

24 United States maintains diplomatic relations and with 

25 which the United States has an extradition treaty and the 


pbinns on DSK79D2C42PROD with BILLS
1000 

HR 21 PCS 

1 government of that country is in violation of the terms 

2 and conditions of the treaty. 

3 (c) WAIVER.—The Secretary of State may waive the 

4 restriction in subsection (a) on a case-by-case basis if the 

5 Secretary certifies to the Committees on Appropriations 

6 that such waiver is important to the national interest of 

7 the United States. 

8 COUNTERING RUSSIAN INFLUENCE AND AGGRESSION

9 SEC. 7067. (a) LIMITATION.—None of the funds ap10 propriated by this Act may be made available for assist11 ance for the central Government of the Russian Federa12 tion. 

13 (b) ANNEXATION OF CRIMEA.— 

14 (1) None of the funds appropriated by this Act 

15 may be made available for assistance for the central 

16 government of a country that the Secretary of State 

17 determines and reports to the Committees on Appro18 priations has taken affirmative steps intended to 

19 support or be supportive of the Russian Federation 

20 annexation of Crimea or other territory in Ukraine: 

21 Provided, That except as otherwise provided in sub22 section (a), the Secretary may waive the restriction 

23 on assistance required by this paragraph if the Sec24 retary determines and reports to such Committees 


pbinns on DSK79D2C42PROD with BILLS
1001 

HR 21 PCS 

1 that to do so is in the national interest of the United 

2 States, and includes a justification for such interest. 

3 (2) None of the funds appropriated by this Act 

4 may be made available for— 

5 (A) the implementation of any action or 

6 policy that recognizes the sovereignty of the 

7 Russian Federation over Crimea or other terri8 tory in Ukraine; 

9 (B) the facilitation, financing, or guarantee 

10 of United States Government investments in 

11 Crimea or other territory in Ukraine under the 

12 control of Russian-backed separatists, if such 

13 activity includes the participation of Russian 

14 Government officials, or other Russian owned 

15 or controlled financial entities; or 

16 (C) assistance for Crimea or other terri17 tory in Ukraine under the control of Russian18 backed separatists, if such assistance includes 

19 the participation of Russian Government offi20 cials, or other Russian owned or controlled fi21 nancial entities. 

22 (3) The Secretary of the Treasury shall instruct 

23 the United States executive directors of each inter24 national financial institution to vote against any as25 sistance by such institution (including any loan, 


pbinns on DSK79D2C42PROD with BILLS
1002 

HR 21 PCS 

1 credit, or guarantee) for any program that violates 

2 the sovereignty or territorial integrity of Ukraine. 

3 (4) The requirements and limitations of this 

4 subsection shall cease to be in effect if the Secretary 

5 of State determines and reports to the Committees 

6 on Appropriations that the Government of Ukraine 

7 has reestablished sovereignty over Crimea and other 

8 territory in Ukraine under the control of Russian9 backed separatists. 

10 (c) OCCUPATION OF THE GEORGIAN TERRITORIES OF

11 ABKHAZIA AND TSKHINVALI REGION/SOUTH OSSETIA.— 

12 (1) None of the funds appropriated by this Act 

13 may be made available for assistance for the central 

14 government of a country that the Secretary of State 

15 determines and reports to the Committees on Appro16 priations has recognized the independence of, or has 

17 established diplomatic relations with, the Russian oc18 cupied Georgian territories of Abkhazia and 

19 Tskhinvali Region/South Ossetia: Provided, That the 

20 Secretary shall publish on the Department of State 

21 website a list of any such central governments in a 

22 timely manner: Provided further, That the Secretary 

23 may waive the restriction on assistance required by 

24 this paragraph if the Secretary determines and re25 ports to the Committees on Appropriations that to 


pbinns on DSK79D2C42PROD with BILLS
1003 

HR 21 PCS 

1 do so is in the national interest of the United States, 

2 and includes a justification for such interest. 

3 (2) None of the funds appropriated by this Act 

4 may be made available to support the Russian occu5 pation of the Georgian territories of Abkhazia and 

6 Tskhinvali Region/South Ossetia. 

7 (3) The Secretary of the Treasury shall instruct 

8 the United States executive directors of each inter9 national financial institution to vote against any as10 sistance by such institution (including any loan, 

11 credit, or guarantee) for any program that violates 

12 the sovereignty and territorial integrity of Georgia. 

13 (d) COUNTERING RUSSIAN INFLUENCE FUND.— 

14 (1) Of the funds appropriated by this Act under 

15 the headings ‘‘Assistance for Europe, Eurasia and 

16 Central Asia’’, ‘‘International Narcotics Control and 

17 Law Enforcement’’, ‘‘International Military Edu18 cation and Training’’, and ‘‘Foreign Military Fi19 nancing Program’’, not less than $300,000,000 shall 

20 be made available to carry out the purposes of the 

21 Countering Russian Influence Fund, as authorized 

22 by section 254 of the Countering Russian Influence 

23 in Europe and Eurasia Act of 2017 (Public Law 

24 115–44; 22 U.S.C. 9543), and programs to enhance 

25 the capacity of law enforcement and security forces 


pbinns on DSK79D2C42PROD with BILLS
1004 

HR 21 PCS 

1 in countries in Europe and Eurasia and strengthen 

2 security cooperation between such countries and the 

3 United States and the North Atlantic Treaty Orga4 nization, as appropriate. 

5 (2) Of the funds appropriated in prior Acts 

6 making appropriations for the Department of State, 

7 foreign operations, and related programs that are 

8 made available for the Countering Russian Influence 

9 Fund, not less than the following amounts shall be 

10 made available— 

11 (A) $25,000,000 for assistance for 

12 Ukraine; 

13 (B) $15,000,000 for the assistance for the 

14 Baltic states; 

15 (C) $25,000,000 for assistance for Geor16 gia; and 

17 (D) $15,000,000 for assistance for the 

18 countries of the Balkan Peninsula: 

19 Provided, That such funds are in addition to 

20 amounts otherwise made available by this Act for 

21 such countries. 

22 (3) Funds appropriated by this Act and made 

23 available for assistance for the Eastern Partnership 

24 countries shall be made available to advance the im25 plementation of Association Agreements and trade 


pbinns on DSK79D2C42PROD with BILLS
1005 

HR 21 PCS 

1 agreements with the European Union, and to reduce 

2 their vulnerability to external economic and political 

3 pressure from the Russian Federation. 

4 (e) DEMOCRACY PROGRAMS.—Funds appropriated by 

5 this Act shall be made available to support democracy pro6 grams in the Russian Federation, including to promote 

7 Internet freedom, and shall also be made available to sup8 port the democracy and rule of law strategy required by 

9 section 7071(d) of the Department of State, Foreign Op10 erations, and Related Programs Appropriations Act, 2014 

11 (division K of Public Law 113–76). 

12 INTERNATIONAL MONETARY FUND

13 SEC. 7068. (a) EXTENSIONS.—The terms and condi14 tions of sections 7086(b) (1) and (2) and 7090(a) of the 

15 Department of State, Foreign Operations, and Related 

16 Programs Appropriations Act, 2010 (division F of Public 

17 Law 111–117) shall apply to this Act. 

18 (b) REPAYMENT.—The Secretary of the Treasury 

19 shall instruct the United States Executive Director of the 

20 International Monetary Fund (IMF) to seek to ensure 

21 that any loan will be repaid to the IMF before other pri22 vate creditors. 


pbinns on DSK79D2C42PROD with BILLS
1006 

HR 21 PCS 

1 STABILIZATION AND DEVELOPMENT IN REGIONS

2 IMPACTED BY EXTREMISM AND CONFLICT

3 SEC. 7069. (a) COUNTERING FOREIGN FIGHTERS

4 AND EXTREMIST ORGANIZATIONS.—Funds appropriated 

5 under titles III and IV of this Act shall be made available 

6 for programs and activities to counter and defeat violent 

7 extremism and foreign fighters abroad, consistent with the 

8 strategy required by section 7073(a)(1) of the Department 

9 of State, Foreign Operations, and Related Programs Ap10 propriations Act, 2017 (division J of Public Law 115–31): 

11 Provided, That the Secretary of State shall ensure such 

12 programs are coordinated with and complement the efforts 

13 of other United States Government agencies and inter14 national partners, and that information gained through 

15 the conduct of such programs is shared in a timely manner 

16 with relevant departments and agencies of the United 

17 States Government, other international partners, and the 

18 appropriate congressional committees, as appropriate. 

19 (b) RELIEF AND RECOVERY FUND.— 

20 (1) FUNDS AND TRANSFER AUTHORITY.—Of 

21 the funds appropriated by this Act under the head22 ings ‘‘Economic Support Fund’’, ‘‘International Nar23 cotics Control and Law Enforcement’’, ‘‘Non24 proliferation, Anti-terrorism, Demining and Related 

25 Programs’’, ‘‘Peacekeeping Operations’’, and ‘‘ForVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 01006 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
1007 

HR 21 PCS 

1 eign Military Financing Program’’, not less than 

2 $250,000,000 shall be made available for the Relief 

3 and Recovery Fund for assistance for areas liberated 

4 or at risk from, or under the control of, the Islamic 

5 State of Iraq and Syria, other terrorist organiza6 tions, or violent extremist organizations, including 

7 for stabilization assistance for vulnerable ethnic and 

8 religious minority communities affected by conflict: 

9 Provided, That such funds are in addition to 

10 amounts otherwise made available for such purposes 

11 and to amounts specifically designated in this Act 

12 for assistance for countries: Provided further, That 

13 such funds appropriated under such headings may 

14 be transferred to, and merged with, funds appro15 priated under such headings: Provided further, That 

16 such transfer authority is in addition to any other 

17 transfer authority provided by this Act or any other 

18 Act, and is subject to the regular notification proce19 dures of the Committees on Appropriations. 

20 (2) TRANSITIONAL JUSTICE.—Of the funds ap21 propriated by this Act under the heading ‘‘Inter22 national Narcotics Control and Law Enforcement’’ 

23 that are made available for the Relief and Recovery 

24 Fund, not less than $5,000,000 shall be made avail25 able for programs to promote accountability in Iraq 


pbinns on DSK79D2C42PROD with BILLS
1008 

HR 21 PCS 

1 and Syria for genocide, crimes against humanity, 

2 and war crimes, which shall be in addition to any 

3 other funds made available by this Act for such pur4 poses: Provided, That such programs shall include 

5 components to develop local investigative and judi6 cial skills, and to collect and preserve evidence and 

7 maintain the chain of custody of evidence, including 

8 for use in prosecutions: Provided further, That such 

9 funds shall be administered by the Special Coordi10 nator for the Office of Global Criminal Justice, De11 partment of State: Provided further, That funds 

12 made available by this paragraph shall only be made 

13 available on an open and competitive basis. 

14 (3) COST-MATCHING BASIS.—Funds appro15 priated pursuant to paragraph (1) shall be made 

16 available to the maximum extent practicable on a 

17 cost-matching basis from sources other than the 

18 United States Government. 

19 (4) Of the funds appropriated in prior Acts 

20 making appropriations for the Department of State, 

21 foreign operations, and related programs that are 

22 made available for the Relief and Recovery Fund, 

23 not less than the following amounts shall be made 

24 available— 

25 (A) $100,000,000 for assistance for Iraq; 


pbinns on DSK79D2C42PROD with BILLS
1009 

HR 21 PCS 

1 (B) $100,000,000 for assistance for Syria; 

2 (C) $50,000,000 for assistance for Jordan; 

3 (D) $50,000,000 for assistance for Libya; 

4 (E) $50,000,000 for assistance for Tuni5 sia; 

6 (F) $50,000,000 for countries of the Lake 

7 Chad Basin region; 

8 (G) $25,000,000 for assistance for Leb9 anon; 

10 (H) $25,000,000 for assistance for coun11 tries in West Africa; 

12 (I) $25,000,000 for assistance for coun13 tries in East Africa; and 

14 (J) $25,000,000 for assistance for the 

15 countries of the Sahel region: 

16 Provided, That such funds are in addition to 

17 amounts otherwise made available by this Act for 

18 such countries. 

19 (c) PREVENTION OF FAILED STATES THROUGH PUB20 LIC-PRIVATE PARTNERSHIPS.— 

21 (1) Of the funds appropriated by this Act and 

22 prior Acts making appropriations for the Depart23 ment of State, foreign operations, and related pro24 grams that are made available for the Relief and Re25 covery Fund, up to $20,000,000 shall be made availVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 01009 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
1010 

HR 21 PCS 

1 able to implement the program described in para2 graph (2), which shall be apportioned to USAID not 

3 later than 90 days after enactment of this Act: Pro4 vided, That such funds shall be in addition to funds 

5 made available for bilateral assistance for such coun6 tries, and shall remain available until expended: Pro7 vided further, That in addition to funds otherwise 

8 made available for such purposes, up to $1,500,000 

9 of the funds made available by this paragraph may 

10 be used by USAID for administrative expenses re11 lated to the design and implementation of the pro12 gram described in paragraph (2). 

13 (2) To prevent the failing of states and suscep14 tibility to radicalization that threatens the security 

15 of the United States, the Secretary of State and 

16 USAID Administrator, in coordination with the 

17 heads of other relevant Federal agencies and United 

18 Nations entities, as appropriate, shall develop and 

19 implement a public-private partnerships program to 

20 accelerate a coherent approach to development in 

21 fragile states and those states threatened or ad22 versely impacted by economic and political instability 

23 or violent extremism: Provided, That the Secretary 

24 and Administrator shall, as appropriate— 


pbinns on DSK79D2C42PROD with BILLS
1011 

HR 21 PCS 

1 (A) develop criteria for countries to be en2 compassed in the program, including to— 

3 (i) ensure that any such program is 

4 fully integrated and consistent with the de5 velopment strategy for recipient countries; 

6 and 

7 (ii) require the central government of 

8 countries to commit to implementation of 

9 such program in a transparent and ac10 countable manner, including through the 

11 signing of compacts or memoranda of un12 derstanding, as appropriate, as a pre13 condition for participation in such pro14 gram; 

15 (B) prioritize local organizations in the 

16 participating countries as implementers, and 

17 ensure any grants, cooperative agreements, or 

18 contracts awarded to international implemen19 ters contain provisions for the training and 

20 mentoring of local organizations to sustain all 

21 activities by the end of such award; 

22 (C) review existing bilateral and regional 

23 programs funded by this Act and prior Acts 

24 making appropriations for the Department of 

25 State, foreign operations, and related programs 


pbinns on DSK79D2C42PROD with BILLS
1012 

HR 21 PCS 

1 that are implemented in such countries to en2 sure complementarity with such program; and 

3 (D) coordinate such program with other 

4 development and security programs conducted 

5 in recipient countries by other United States 

6 Government agencies, including the Department 

7 of Defense, and international donors, as appro8 priate. 

9 (3) Prior to the obligation of funds made avail10 able by paragraph (1), the Secretary of State and 

11 USAID Administrator shall jointly submit a report 

12 to the Committees on Appropriations detailing the 

13 fragile states potentially eligible for the public-pri14 vate partnership program required by this section; 

15 the requirements of the central governments for par16 ticipation in the program and program condition17 ality, if any; and benchmarks to measures the effec18 tiveness of such program. 

19 (d) COUNTER VIOLENT EXTREMISM IN ASIA.—Of 

20 the funds appropriated by this Act under the heading 

21 ‘‘Economic Support Fund’’, not less than $5,000,000 shall 

22 be made available for programs to counter violent extre23 mism in Asia, including within the Buddhist community 

24 and between Buddhist and Muslim communities: Provided, 

25 That such funds shall be administered by the Mission DiVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 01012 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
1013 

HR 21 PCS 

1 rector of the Regional Development Mission for Asia, 

2 USAID: Provided further, That such funds are in addition 

3 to funds otherwise made available for such purposes. 

4 (e) FRAGILE STATES AND EXTREMISM.—Funds ap5 propriated by this Act shall be made available for the pur6 poses of section 7080 of the Department of State, Foreign 

7 Operations, and Related Programs Appropriations Act, 

8 2017 (division J of Public Law 115–31), subject to the 

9 regular notification procedures of the Committees on Ap10 propriations. 

11 (f) GLOBAL CONCESSIONAL FINANCING FACILITY.— 

12 Funds appropriated by this Act under the heading ‘‘Eco13 nomic Support Fund’’ shall be made available for the 

14 Concessional Finance Facility of the World Bank to pro15 vide financing to support refugees and host communities: 

16 Provided, That such funds shall be in addition to funds 

17 made available for bilateral assistance in the report re18 quired by section 653(a) of the Foreign Assistance Act 

19 of 1961, and may only be made available subject to prior 

20 to consultation with the Committees on Appropriations. 

21 ENTERPRISE FUNDS

22 SEC. 7070. (a) NOTIFICATION.—None of the funds 

23 made available under titles III through VI of this Act may 

24 be made available for Enterprise Funds unless the approVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 01013 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
1014 

HR 21 PCS 

1 priate congressional committees are notified at least 15 

2 days in advance. 

3 (b) DISTRIBUTION OF ASSETS PLAN.—Prior to the 

4 distribution of any assets resulting from any liquidation, 

5 dissolution, or winding up of an Enterprise Fund, in whole 

6 or in part, the President shall submit to the appropriate 

7 congressional committees a plan for the distribution of the 

8 assets of the Enterprise Fund. 

9 (c) TRANSITION OR OPERATING PLAN.—Prior to a 

10 transition to and operation of any private equity fund or 

11 other parallel investment fund under an existing Enter12 prise Fund, the President shall submit such transition or 

13 operating plan to the appropriate congressional commit14 tees. 

15 INTERNATIONAL FAMILY PLANNING AND WOMEN’S

16 HEALTH

17 SEC. 7071. (a) ASSISTANCE FOR NONGOVERN18 MENTAL ORGANIZATIONS.— 

19 (1) Notwithstanding any other provision of law, 

20 regulation, or policy, a foreign nongovernmental or21 ganization— 

22 (A) shall not be ineligible for assistance 

23 appropriated or otherwise made available by 

24 this Act solely on the basis of health or medical 

25 services, including counseling and referral servVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 01014 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
1015 

HR 21 PCS 

1 ices, provided by such organization with non2 United States Government funds if such serv3 ices— 

4 (i) are permitted in the country in 

5 which they are being provided; and 

6 (ii) would not violate United States 

7 law if provided in the United States; and 

8 (B) shall not be subject to requirements 

9 relating to the use of non-United States Gov10 ernment funds for advocacy and lobbying activi11 ties other than those that apply to United 

12 States nongovernmental organizations receiving 

13 assistance appropriated or otherwise made 

14 available by this Act. 

15 (b) UNITED NATIONS POPULATION FUND.— 

16 (1) CONTRIBUTION.—Of the funds appropriated 

17 by this Act under the heading ‘‘International Orga18 nizations and Programs’’, not less than $37,500,000 

19 shall be made available for the United Nations Pop20 ulation Fund (referred to in this subsection as 

21 ‘‘UNFPA’’). 

22 (2) AVAILABILITY OF FUNDS.—Funds appro23 priated for UNFPA under this Act that are not 

24 made available for UNFPA because of the operation 

25 of any provision of law— 


pbinns on DSK79D2C42PROD with BILLS
1016 

HR 21 PCS 

1 (A) shall be transferred to, and merged 

2 with, funds appropriated under the heading 

3 ‘‘Global Health Programs’’; and 

4 (B) shall be made available for family 

5 planning, maternal, and reproductive health ac6 tivities, subject to the regular notification pro7 cedures of the Committees on Appropriations. 

8 (3) PROHIBITION ON USE OF FUNDS IN

9 CHINA.—None of the funds made available under 

10 this Act may be used by UNFPA for a country pro11 gram in the People’s Republic of China. 

12 (4) CONDITIONS ON AVAILABILITY OF

13 FUNDS.—Funds made available under this Act for 

14 UNFPA may not be made available unless— 

15 (A) UNFPA maintains funds received 

16 under this Act in an account separate from 

17 other UNFPA accounts and does not com18 mingle such funds with other funds; and 

19 (B) UNFPA does not fund abortions. 

20 GLOBAL INTERNET FREEDOM

21 SEC. 7072. (a) FUNDING.—Of the funds available for 

22 obligation during fiscal year 2019 under the headings 

23 ‘‘International Broadcasting Operations’’, ‘‘Economic 

24 Support Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance for 

25 Europe, Eurasia and Central Asia’’, not less than 


pbinns on DSK79D2C42PROD with BILLS
1017 

HR 21 PCS 

1 $60,500,000 shall be made available for programs to pro2 mote Internet freedom globally: Provided, That such pro3 grams shall be prioritized for countries whose governments 

4 restrict freedom of expression on the Internet, and that 

5 are important to the national interest of the United 

6 States: Provided further, That funds made available pursu7 ant to this section shall be matched, to the maximum ex8 tent practicable, by sources other than the United States 

9 Government, including from the private sector. 

10 (b) REQUIREMENTS.— 

11 (1) Funds appropriated by this Act under the 

12 headings ‘‘Economic Support Fund’’, ‘‘Democracy 

13 Fund’’, and ‘‘Assistance for Europe, Eurasia and 

14 Central Asia’’ that are made available pursuant to 

15 subsection (a) shall be— 

16 (A) coordinated with other democracy pro17 grams funded by this Act under such headings, 

18 and shall be incorporated into country assist19 ance and democracy promotion strategies, as 

20 appropriate; 

21 (B) for programs to implement the May 

22 2011, International Strategy for Cyberspace; 

23 the Department of State International Cyber24 space Policy Strategy required by section 402 

25 of the Cybersecurity Act of 2015 (division N of 


pbinns on DSK79D2C42PROD with BILLS
1018 

HR 21 PCS 

1 Public Law 114–113); and the comprehensive 

2 strategy to promote Internet freedom and ac3 cess to information in Iran, as required by sec4 tion 414 of the Iran Threat Reduction and 

5 Syria Human Rights Act of 2012 (22 U.S.C. 

6 8754); 

7 (C) made available for programs that sup8 port the efforts of civil society to counter the 

9 development of repressive Internet-related laws 

10 and regulations, including countering threats to 

11 Internet freedom at international organizations; 

12 to combat violence against bloggers and other 

13 users; and to enhance digital security training 

14 and capacity building for democracy activists; 

15 (D) made available for research of key 

16 threats to Internet freedom; the continued de17 velopment of technologies that provide or en18 hance access to the Internet, including cir19 cumvention tools that bypass Internet blocking, 

20 filtering, and other censorship techniques used 

21 by authoritarian governments; and maintenance 

22 of the technological advantage of the United 

23 States Government over such censorship tech24 niques: Provided, That the Secretary of State, 

25 in consultation with the Chief Executive Officer 


pbinns on DSK79D2C42PROD with BILLS
1019 

HR 21 PCS 

1 (CEO) of the Broadcasting Board of Governors 

2 (BBG), shall coordinate any such research and 

3 development programs with other relevant 

4 United States Government departments and 

5 agencies in order to share information, tech6 nologies, and best practices, and to assess the 

7 effectiveness of such technologies; and 

8 (E) made available only after the Assistant 

9 Secretary for Democracy, Human Rights, and 

10 Labor, Department of State, concurs that such 

11 funds are allocated consistent with— 

12 (i) the strategies referenced in sub13 paragraph (B) of this paragraph; 

14 (ii) best practices regarding security 

15 for, and oversight of, Internet freedom pro16 grams; and 

17 (iii) sufficient resources and support 

18 for the development and maintenance of 

19 anti-censorship technology and tools. 

20 (2) Funds appropriated by this Act under the 

21 heading ‘‘International Broadcasting Operations’’ 

22 that are made available pursuant to subsection (a) 

23 shall be— 

24 (A) made available only for tools and tech25 niques to securely develop and distribute BBG 


pbinns on DSK79D2C42PROD with BILLS
1020 

HR 21 PCS 

1 digital content; facilitate audience access to 

2 such content on websites that are censored; co3 ordinate the distribution of BBG digital content 

4 to targeted regional audiences; and to promote 

5 and distribute such tools and techniques, in6 cluding digital security techniques; 

7 (B) coordinated with programs funded by 

8 this Act under the heading ‘‘International 

9 Broadcasting Operations’’, and shall be incor10 porated into country broadcasting strategies, as 

11 appropriate; 

12 (C) coordinated by the BBG CEO to pro13 vide Internet circumvention tools and tech14 niques for audiences in countries that are stra15 tegic priorities for the BBG and in a manner 

16 consistent with the BBG Internet freedom 

17 strategy; and 

18 (D) made available for the research and 

19 development of new tools or techniques author20 ized in paragraph (A) only after the BBG CEO, 

21 in consultation with the Secretary of State and 

22 other relevant United States Government de23 partments and agencies, evaluates the risks and 

24 benefits of such new tools or techniques, and 


pbinns on DSK79D2C42PROD with BILLS
1021 

HR 21 PCS 

1 establishes safeguards to minimize the use of 

2 such new tools or techniques for illicit purposes. 

3 (c) COORDINATION AND SPEND PLANS.—After con4 sultation among the relevant agency heads to coordinate 

5 and de-conflict planned activities, but not later than 90 

6 days after enactment of this Act, the Secretary of State 

7 and the BBG CEO shall submit to the Committees on Ap8 propriations spend plans for funds made available by this 

9 Act for programs to promote Internet freedom globally, 

10 which shall include a description of safeguards established 

11 by relevant agencies to ensure that such programs are not 

12 used for illicit purposes: Provided, That the Department 

13 of State spend plan shall include funding for all such pro14 grams for all relevant Department of State and USAID 

15 offices and bureaus. 

16 (d) SECURITY AUDITS.—Funds made available pur17 suant to this section to promote Internet freedom globally 

18 may only be made available to support technologies that 

19 undergo comprehensive security audits conducted by the 

20 Bureau of Democracy, Human Rights, and Labor, De21 partment of State to ensure that such technology is secure 

22 and has not been compromised in a manner detrimental 

23 to the interest of the United States or to individuals and 

24 organizations benefiting from programs supported by such 

25 funds: Provided, That the security auditing procedures 


pbinns on DSK79D2C42PROD with BILLS
1022 

HR 21 PCS 

1 used by such Bureau shall be reviewed and updated peri2 odically to reflect current industry security standards. 

3 (e) SURGE.—Of the funds appropriated by this Act 

4 under the heading ‘‘Economic Support Fund’’, up to 

5 $2,500,000 may be made available to surge Internet free6 dom programs in closed societies if the Secretary of State 

7 determines and reports to the appropriate congressional 

8 committees that such use of funds is in the national inter9 est: Provided, That such funds are in addition to amounts 

10 made available for such purposes: Provided further, That 

11 such funds may be transferred to, and merged with, funds 

12 appropriated by this Act under the heading ‘‘International 

13 Broadcasting Operations’’ following consultation with, and 

14 the regular notification procedures of, the Committees on 

15 Appropriations. 

16 IMPACT ON JOBS IN THE UNITED STATES

17 SEC. 7073. None of the funds appropriated or other18 wise made available under titles III through VI of this 

19 Act may be obligated or expended to provide— 

20 (1) any financial incentive to a business enter21 prise currently located in the United States for the 

22 purpose of inducing such an enterprise to relocate 

23 outside the United States if such incentive or in24 ducement is likely to reduce the number of employ25 ees of such business enterprise in the United States 


pbinns on DSK79D2C42PROD with BILLS
1023 

HR 21 PCS 

1 because United States production is being replaced 

2 by such enterprise outside the United States; 

3 (2) assistance for any program, project, or ac4 tivity that contributes to the violation of internation5 ally recognized workers’ rights, as defined in section 

6 507(4) of the Trade Act of 1974, of workers in the 

7 recipient country, including any designated zone or 

8 area in that country: Provided, That the application 

9 of section 507(4)(D) and (E) of such Act should be 

10 commensurate with the level of development of the 

11 recipient country and sector, and shall not preclude 

12 assistance for the informal sector in such country, 

13 micro and small-scale enterprise, and smallholder 

14 agriculture; 

15 (3) any assistance to an entity outside the 

16 United States if such assistance is for the purpose 

17 of directly relocating or transferring jobs from the 

18 United States to other countries and adversely im19 pacts the labor force in the United States; or 

20 (4) for the enforcement of any rule, regulation, 

21 policy, or guidelines implemented pursuant to— 

22 (A) the third proviso of subsection 7079(b) 

23 of the Department of State, Foreign Oper24 ations, and Related Programs Appropriations 

25 Act, 2010 (division F of Public Law 111–117); 


pbinns on DSK79D2C42PROD with BILLS
1024 

HR 21 PCS 

1 (B) the modification proposed by the Over2 seas Private Investment Corporation in Novem3 ber 2013 to the Corporation’s Environmental 

4 and Social Policy Statement relating to coal; or 

5 (C) the Supplemental Guidelines for High 

6 Carbon Intensity Projects approved by the Ex7 port-Import Bank of the United States on De8 cember 12, 2013, 

9 when enforcement of such rule, regulation, policy, or 

10 guidelines would prohibit, or have the effect of pro11 hibiting, any coal-fired or other power-generation 

12 project the purpose of which is to: (i) provide afford13 able electricity in International Development Asso14 ciation (IDA)-eligible countries and IDA-blend coun15 tries; and (ii) increase exports of goods and services 

16 from the United States or prevent the loss of jobs 

17 from the United States. 

18 SPECIAL DEFENSE ACQUISITION FUND

19 SEC. 7074. Not to exceed $900,000,000 may be obli20 gated pursuant to section 51(c)(2) of the Arms Export 

21 Control Act for the purposes of the Special Defense Acqui22 sition Fund (the Fund), to remain available for obligation 

23 until September 30, 2021: Provided, That the provision 

24 of defense articles and services to foreign countries or 


pbinns on DSK79D2C42PROD with BILLS
1025 

HR 21 PCS 

1 international organizations from the Fund shall be subject 

2 to the concurrence of the Secretary of State. 

3 REORGANIZATION

4 SEC. 7075. (a) LIMITATIONS.— 

5 (1) BUREAU OF POPULATION, REFUGEES, AND

6 MIGRATION, DEPARTMENT OF STATE.—None of the 

7 funds appropriated by this Act, prior Acts making 

8 appropriations for the Department of State, foreign 

9 operations, and related programs, or any other Act 

10 may be used to downsize, downgrade, consolidate, 

11 close, move, or relocate the Bureau of Population, 

12 Refugees, and Migration, Department of State, to 

13 another Federal agency. 

14 (2) ADMINISTRATION OF FUNDS.—Funds made 

15 available by this Act— 

16 (A) under the heading ‘‘Migration and 

17 Refugee Assistance’’ shall be administered by 

18 the Assistant Secretary for Population, Refu19 gees, and Migration, Department of State, and 

20 this responsibility shall not be delegated; and 

21 (B) that are made available for the Office 

22 of Global Women’s Issues shall be administered 

23 by the United States Ambassador-at-Large for 

24 Global Women’s Issues, Department of State, 

25 and this responsibility shall not be delegated. 


pbinns on DSK79D2C42PROD with BILLS
1026 

HR 21 PCS 

1 (b) REQUIREMENTS.— 

2 (1) COST ANALYSIS AND IMPLEMENTATION

3 PLAN.—None of the funds appropriated by this Act, 

4 prior Acts making appropriations for the Depart5 ment of State, foreign operations, and related pro6 grams, or any other Act may be used to implement 

7 a reorganization plan for an agency, organization, or 

8 entity funded by this Act unless the appropriate con9 gressional committees receive, not less than 60 days 

10 prior to the date of the implementation of such plan, 

11 a— 

12 (A) comprehensive analysis of the short13 and long-term costs associated with such reor14 ganization, including for implementation, facili15 ties and personnel, for the current fiscal year 

16 and subsequent fiscal years; and 

17 (B) specific plan for implementing such re18 organization, including realistic timelines and 

19 benchmarks. 

20 (2) PRIOR CONSULTATION.—Funds appro21 priated by this Act, prior Acts making appropria22 tions for the Department of State, foreign oper23 ations, and related programs, or any other Act may 

24 not be used to implement a reorganization by the 

25 Department of State, United States Agency for 


pbinns on DSK79D2C42PROD with BILLS
1027 

HR 21 PCS 

1 International Development, any other Federal agen2 cy, or organization funded by this Act without prior 

3 consultation by the head of such department, agen4 cy, or organization with the appropriate congres5 sional committees. 

6 (3) NOTIFICATION.—Funds made available by 

7 this Act that are made available for the reorganiza8 tion of the Department of State, USAID, or any 

9 other Federal agency, or organization funded by this 

10 Act shall be subject to the regular notification proce11 dures of the Committees on Appropriations. 

12 (4) OPERATING PLANS.—Operating plans sub13 mitted pursuant to section 7076(a) of this Act shall 

14 reflect, as applicable, the costs associated with any 

15 reorganization planned during fiscal year 2019. 

16 (c) FISCAL YEAR 2019 PERSONNEL ENDSTRENGTH

17 LEVELS.—Funds appropriated by this Act and made 

18 available for the Department of State and USAID shall 

19 be made available to fund the full cost of the personnel 

20 requirements necessary to carry out the diplomatic, devel21 opment, and national security missions of the Department 

22 of State and USAID: Provided, That as of September 30, 

23 2019 the on-board, full-time career/permanent personnel 

24 levels of the Foreign Service and Civil Service of— 


pbinns on DSK79D2C42PROD with BILLS
1028 

HR 21 PCS 

1 (1) the Department of State supported by such 

2 funds in title I of this Act under the heading ‘‘Diplo3 matic Programs’’ shall be not less than 12,900 and 

4 8,400, respectively; and 

5 (2) USAID supported by such funds in title II 

6 of this Act under the heading ‘‘Operating Expenses’’ 

7 shall not be less than 1,850 and 1,600, respectively. 

8 (d) DEFINITION.—For the purpose of this section, 

9 the term ‘‘reorganization’’ means any step taken to— 

10 (1) expand, eliminate, consolidate, or downsize 

11 departments, agencies, or organizations, including 

12 bureaus and offices within or between such depart13 ments, agencies, or organizations, including the 

14 transfer to other agencies of the authorities and re15 sponsibilities of such bureaus and offices; and 

16 (2) expand, eliminate, consolidate, or downsize 

17 the United States official presence overseas includ18 ing at bilateral, regional, and multilateral diplomatic 

19 facilities and other platforms. 

20 BUDGET DOCUMENTS

21 SEC. 7076. (a) OPERATING AND REORGANIZATION

22 PLANS.—Not later than 45 days after the date of enact23 ment of this Act, each department, agency, or organization 

24 funded in titles I, II, and VI of this Act, and the Depart25 ment of the Treasury and Independent Agencies funded 


pbinns on DSK79D2C42PROD with BILLS
1029 

HR 21 PCS 

1 in title III of this Act, including the Inter-American Foun2 dation and the United States African Development Foun3 dation, shall submit to the Committees on Appropriations 

4 an operating plan for funds appropriated to such depart5 ment, agency, or organization in such titles of this Act, 

6 or funds otherwise available for obligation in fiscal year 

7 2019, that provides details of the uses of such funds at 

8 the program, project, and activity level: Provided, That 

9 such plans shall include, as applicable, a comparison be10 tween the congressional budget justification funding levels, 

11 the most recent congressional directives or approved fund12 ing levels, and the funding levels proposed by the depart13 ment or agency; and a clear, concise, and informative de14 scription/justification: Provided further, That if such de15 partment, agency, or organization receives an additional 

16 amount under the same heading in title VIII of this Act, 

17 operating plans required by this subsection shall include 

18 consolidated information on all such funds: Provided fur19 ther, That operating plans that include changes in levels 

20 of funding for programs, projects, and activities specified 

21 in the congressional budget justification, in this Act, or 

22 amounts specifically designated in the respective tables in23 cluded in the explanatory statement described in section 

24 3 (in the matter preceding division A of this consolidated 


pbinns on DSK79D2C42PROD with BILLS
1030 

HR 21 PCS 

1 Act), as applicable, shall be subject to the notification and 

2 reprogramming requirements of section 7015 of this Act. 

3 (b) SPEND PLANS.— 

4 (1) Prior to the initial obligation of funds, the 

5 Secretary of State or Administrator of the United 

6 States Agency for International Development, as ap7 propriate, shall submit to the Committees on Appro8 priations a spend plan for funds made available by 

9 this Act, for— 

10 (A) assistance for Afghanistan, Iraq, Leb11 anon, Pakistan, and the West Bank and Gaza; 

12 (B) assistance made available pursuant to 

13 section 7067(d) of this Act to counter Russian 

14 influence and aggression, except that such plan 

15 shall be on a country-by-country basis; 

16 (C) assistance made available pursuant to 

17 section 7059 of this Act; 

18 (D) Power Africa and the regional security 

19 initiatives listed under this section in Senate 

20 Report 115–152: Provided, That the spend plan 

21 for such initiatives shall include the amount of 

22 assistance planned for each country by account, 

23 to the maximum extent practicable; and 

24 (E) democracy programs, programs to sup25 port section 7069(a) of this Act, and sectors 


pbinns on DSK79D2C42PROD with BILLS
1031 

HR 21 PCS 

1 enumerated in subsections (a), (c), (d), (e), (f), 

2 and (h) of section 7060 of this Act. 

3 (2) Not later than 45 days after enactment of 

4 this Act, the Secretary of the Treasury shall submit 

5 to the Committees on Appropriations a detailed 

6 spend plan for funds made available by this Act 

7 under the heading ‘‘Department of the Treasury, 

8 International Affairs Technical Assistance’’ in title 

9 III. 

10 (3) Notwithstanding paragraph (1), up to 10 

11 percent of the funds contained in a spend plan re12 quired by this subsection may be obligated prior to 

13 the submission of such spend plan if the Secretary 

14 of State or the USAID Administrator, as appro15 priate, determines that the obligation of such funds 

16 is necessary to avoid significant programmatic dis17 ruption: Provided, That not less than seven days 

18 prior to such obligation, the Secretary or Adminis19 trator, as appropriate, shall consult with the Com20 mittees on Appropriations on the justification for 

21 such obligation and the proposed uses of such funds. 

22 (c) SPENDING REPORT.—Not later than 45 days 

23 after enactment of this Act, the USAID Administrator 

24 shall submit to the Committees on Appropriations a de25 tailed report on spending of funds made available during 


pbinns on DSK79D2C42PROD with BILLS
1032 

HR 21 PCS 

1 fiscal year 2018 under the heading ‘‘Development Credit 

2 Authority’’. 

3 (d) CLARIFICATION.—The spend plans referenced in 

4 subsection (b) shall not be considered as meeting the noti5 fication requirements in this Act or under section 634A 

6 of the Foreign Assistance Act of 1961. 

7 (e) CONGRESSIONAL BUDGET JUSTIFICATION.— 

8 (1) The congressional budget justification for 

9 Department of State operations and foreign oper10 ations shall be provided to the Committees on Ap11 propriations concurrent with the date of submission 

12 of the President’s budget for fiscal year 2019: Pro13 vided, That the appendices for such justification 

14 shall be provided to the Committees on Appropria15 tions not later than 10 calendar days thereafter. 

16 (2) The Secretary of State and the USAID Ad17 ministrator shall include in the congressional budget 

18 justification a detailed justification for multi-year 

19 availability for any funds requested under the head20 ings ‘‘Diplomatic Programs’’ and ‘‘Operating Ex21 penses’’. 

22 RESCISSIONS

23 (INCLUDING RESCISSION OF FUNDS)

24 SEC. 7077. (a) Of the unobligated balances available 

25 under the heading ‘‘International Narcotics Control and 


pbinns on DSK79D2C42PROD with BILLS
1033 

HR 21 PCS 

1 Law Enforcement’’, as identified by Treasury Appropria2 tion Fund Symbol 11 X 1022, $14,000,000 are rescinded. 

3 (b) Of the grant balances in the Foreign Military 

4 Sales Trust Fund, identified by Treasury Appropriation 

5 Fund Symbol 97–11 X 8242, which are not currently ap6 plied to an active FMS case and which were appropriated 

7 prior to fiscal year 2009, $11,000,000 shall be 

8 deobligated, as appropriate, and shall be permanently re9 scinded. 

10 TITLE VIII 

11 OVERSEAS CONTINGENCY OPERATIONS/GLOBAL 

12 WAR ON TERRORISM 

13 DEPARTMENT OF STATE 

14 ADMINISTRATION OF FOREIGN AFFAIRS

15 DIPLOMATIC PROGRAMS

16 (INCLUDING TRANSFER OF FUNDS)

17 For an additional amount for ‘‘Diplomatic Pro18 grams’’, $2,975,971,000, to remain available until Sep19 tember 30, 2020, of which $2,376,122,000 is for World20 wide Security Protection and shall remain available until 

21 expended: Provided, That the Secretary of State may 

22 transfer up to $5,000,000 of the total funds made avail23 able under this heading to any other appropriation of any 

24 department or agency of the United States, upon the con25 currence of the head of such department or agency, to supVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 01033 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
1034 

HR 21 PCS 

1 port operations in, and assistance for, Afghanistan and 

2 to carry out the provisions of the Foreign Assistance Act 

3 of 1961: Provided further, That any such transfer shall 

4 be subject to the regular notification procedures of the 

5 Committees on Appropriations: Provided further, That 

6 such amount is designated by the Congress for Overseas 

7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985. 

10 OFFICE OF INSPECTOR GENERAL

11 For an additional amount for ‘‘Office of Inspector 

12 General’’, $68,100,000, to remain available until Sep13 tember 30, 2020, of which $54,900,000 shall be for the 

14 Special Inspector General for Afghanistan Reconstruction 

15 (SIGAR) for reconstruction oversight: Provided, That 

16 printing and reproduction costs of SIGAR shall not exceed 

17 amounts for such costs during fiscal year 2018: Provided 

18 further, That such amount is designated by the Congress 

19 for Overseas Contingency Operations/Global War on Ter20 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985. 

22 INTERNATIONAL ORGANIZATIONS

23 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

24 For an additional amount for ‘‘Contributions to 

25 International Organizations’’, $96,240,000: Provided, 


pbinns on DSK79D2C42PROD with BILLS
1035 

HR 21 PCS 

1 That such amount is designated by the Congress for Over2 seas Contingency Operations/Global War on Terrorism 

3 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

4 Budget and Emergency Deficit Control Act of 1985. 

5 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

6 ACTIVITIES

7 For an additional amount for ‘‘Contributions for 

8 International Peacekeeping Activities’’, $967,456,000, to 

9 remain available until September 30, 2020: Provided, 

10 That such amount is designated by the Congress for Over11 seas Contingency Operations/Global War on Terrorism 

12 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

13 Budget and Emergency Deficit Control Act of 1985. 

14 UNITED STATES AGENCY FOR INTERNATIONAL 

15 DEVELOPMENT 

16 FUNDS APPROPRIATED TO THE PRESIDENT

17 OPERATING EXPENSES

18 For an additional amount for ‘‘Operating Expenses’’, 

19 $158,067,000, to remain available until September 30, 

20 2020: Provided, That such amount is designated by the 

21 Congress for Overseas Contingency Operations/Global 

22 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

23 the Balanced Budget and Emergency Deficit Control Act 

24 of 1985. 


pbinns on DSK79D2C42PROD with BILLS
1036 

HR 21 PCS 

1 OFFICE OF INSPECTOR GENERAL

2 For an additional amount for ‘‘Office of Inspector 

3 General’’, $2,500,000, to remain available until September 

4 30, 2020: Provided, That such amount is designated by 

5 the Congress for Overseas Contingency Operations/Global 

6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

7 the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 BILATERAL ECONOMIC ASSISTANCE 

10 FUNDS APPROPRIATED TO THE PRESIDENT

11 INTERNATIONAL DISASTER ASSISTANCE

12 For an additional amount for ‘‘International Disaster 

13 Assistance’’, $584,278,000, to remain available until ex14 pended: Provided, That such funds shall be apportioned 

15 to the United States Agency for International Develop16 ment not later than 45 days after enactment of this Act: 

17 Provided further, That such amount is designated by the 

18 Congress for Overseas Contingency Operations/Global 

19 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

20 the Balanced Budget and Emergency Deficit Control Act 

21 of 1985. 

22 TRANSITION INITIATIVES

23 For an additional amount for ‘‘Transition Initia24 tives’’, $62,043,000, to remain available until expended: 

25 Provided, That such amount is designated by the Congress 


pbinns on DSK79D2C42PROD with BILLS
1037 

HR 21 PCS 

1 for Overseas Contingency Operations/Global War on Ter2 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985. 

4 ECONOMIC SUPPORT FUND

5 For an additional amount for ‘‘Economic Support 

6 Fund’’, $1,167,622,000, to remain available until Sep7 tember 30, 2020: Provided, That such amount is des8 ignated by the Congress for Overseas Contingency Oper9 ations/Global War on Terrorism pursuant to section 

10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 DEPARTMENT OF STATE

13 MIGRATION AND REFUGEE ASSISTANCE

14 For an additional amount for ‘‘Migration and Ref15 ugee Assistance’’ to respond to refugee crises, including 

16 in Africa, the Near East, South and Central Asia, and 

17 Europe and Eurasia, $493,976,000, to remain available 

18 until expended, except that such funds shall not be made 

19 available for the resettlement costs of refugees in the 

20 United States: Provided, That such amount is designated 

21 by the Congress for Overseas Contingency Operations/ 

22 Global War on Terrorism pursuant to section 

23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 


pbinns on DSK79D2C42PROD with BILLS
1038 

HR 21 PCS 

1 INTERNATIONAL SECURITY ASSISTANCE 

2 DEPARTMENT OF STATE

3 INTERNATIONAL NARCOTICS CONTROL AND LAW

4 ENFORCEMENT

5 For an additional amount for ‘‘International Nar6 cotics Control and Law Enforcement’’, $417,951,000, to 

7 remain available until September 30, 2020: Provided, 

8 That such amount is designated by the Congress for Over9 seas Contingency Operations/Global War on Terrorism 

10 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

11 Budget and Emergency Deficit Control Act of 1985. 

12 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

13 RELATED PROGRAMS

14 For an additional amount for ‘‘Nonproliferation, 

15 Anti-terrorism, Demining and Related Programs’’, 

16 $220,583,000, to remain available until September 30, 

17 2020: Provided, That such amount is designated by the 

18 Congress for Overseas Contingency Operations/Global 

19 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

20 the Balanced Budget and Emergency Deficit Control Act 

21 of 1985. 

22 PEACEKEEPING OPERATIONS

23 For an additional amount for ‘‘Peacekeeping Oper24 ations’’, $325,213,000, to remain available until Sep25 tember 30, 2020: Provided, That such amount is desVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 01038 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
1039 

HR 21 PCS 

1 ignated by the Congress for Overseas Contingency Oper2 ations/Global War on Terrorism pursuant to section 

3 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985: Provided further, That funds 

5 available for obligation under this heading in this Act may 

6 be used to pay assessed expenses of international peace7 keeping activities in Somalia, subject to the regular notifi8 cation procedures of the Committees on Appropriations. 

9 FUNDS APPROPRIATED TO THE PRESIDENT

10 FOREIGN MILITARY FINANCING PROGRAM

11 For an additional amount for ‘‘Foreign Military Fi12 nancing Program’’, $460,000,000, to remain available 

13 until September 30, 2020: Provided, That such amount 

14 is designated by the Congress for Overseas Contingency 

15 Operations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 GENERAL PROVISIONS 

19 ADDITIONAL APPROPRIATIONS

20 SEC. 8001. Notwithstanding any other provision of 

21 law, funds appropriated in this title are in addition to 

22 amounts appropriated or otherwise made available in this 

23 Act for fiscal year 2019. 


pbinns on DSK79D2C42PROD with BILLS
1040 

HR 21 PCS 

1 EXTENSION OF AUTHORITIES AND CONDITIONS

2 SEC. 8002. Unless otherwise provided for in this Act, 

3 the additional amounts appropriated by this title to appro4 priations accounts in this Act shall be available under the 

5 authorities and conditions applicable to such appropria6 tions accounts. 

7 TRANSFER OF FUNDS

8 SEC. 8003. (a) TRANSFER OF FUNDS BETWEEN AC9 COUNTS.— 

10 (1) Funds appropriated by this title in this Act 

11 under the headings ‘‘Transition Initiatives’’, ‘‘Eco12 nomic Support Fund’’, and ‘‘Assistance for Europe, 

13 Eurasia and Central Asia’’ may be transferred to, 

14 and merged with, funds appropriated by this title 

15 under such headings. 

16 (2) Funds appropriated by this title in this Act 

17 under the headings ‘‘International Narcotics Control 

18 and Law Enforcement’’, ‘‘Nonproliferation, Anti-ter19 rorism, Demining and Related Programs’’, ‘‘Peace20 keeping Operations’’, and ‘‘Foreign Military Financ21 ing Program’’ may be transferred to, and merged 

22 with, funds appropriated by this title under such 

23 headings. 

24 (b) GLOBAL SECURITY CONTINGENCY FUND.—Not25 withstanding any other provision of this section, up to 


pbinns on DSK79D2C42PROD with BILLS
1041 

HR 21 PCS 

1 $7,500,000 from funds appropriated under the headings 

2 ‘‘International Narcotics Control and Law Enforcement’’, 

3 ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military Fi4 nancing Program’’ by this title in this Act may be trans5 ferred to, and merged with, funds previously made avail6 able under the heading ‘‘Global Security Contingency 

7 Fund’’. 

8 (c) LIMITATION.—The transfer authority provided in 

9 subsection (a) may only be exercised to address contin10 gencies. 

11 (d) NOTIFICATION.—The transfer authority provided 

12 by this section shall be subject to prior consultation with, 

13 and the regular notification procedures of, the Committees 

14 on Appropriations: Provided, That such transfer authority 

15 is in addition to any transfer authority otherwise available 

16 under any other provision of law, including section 610 

17 of the Foreign Assistance Act of 1961 which may be exer18 cised by the Secretary of State for the purposes of this 

19 title. 

20 DESIGNATION REQUIREMENT

21 SEC. 8004. Each amount designated in this Act by 

22 the Congress for Overseas Contingency Operations/Global 

23 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

24 the Balanced Budget and Emergency Deficit Control Act 

25 of 1985 shall be available only if the President subseVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 01041 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
1042 

HR 21 PCS 

1 quently so designates all such amounts and transmits such 

2 designations to the Congress. 

3 This division may be cited as the ‘‘Department of 

4 State, Foreign Operations, and Related Programs Appro5 priations Act, 2019’’. 

6 DIVISION G—OTHER MATTERS 

7 TITLE I 

8 TECHNICAL CORRECTIONS 

9 SEC. 101. Section 177 of division C of Public Law 

10 114–223, as amended by Public Law 114–254, is amend11 ed by inserting ‘‘and the 116th Congress’’ after ‘‘the 

12 115th Congress’’ in each instance it appears. 

13 SEC. 102. (a) During fiscal year 2019 and each suc14 ceeding fiscal year, amounts appropriated or otherwise 

15 made available for the Architect of the Capitol under the 

16 heading ‘‘House Office Buildings’’ may be transferred to 

17 the House of Representatives and merged with and made 

18 available under the heading ‘‘Allowances and Expenses’’, 

19 subject to the approval of the Committee on Appropria20 tions of the House of Representatives. 

21 (b) The period of availability of any amounts trans22 ferred to the House of Representatives under this section 

23 shall be the same period of availability applicable to such 

24 amounts as appropriated for the Architect of the Capitol. 


pbinns on DSK79D2C42PROD with BILLS
1043 

HR 21 PCS 

1 SEC. 103. Section 243 of title II of division C of Pub2 lic Law 115–244 is amended by inserting ‘‘248’’ after 

3 ‘‘section’’. 

4 SEC. 104. (a) Employees furloughed as a result of 

5 any lapse in appropriations beginning on or about Decem6 ber 22, 2018 and ending on the date of enactment of this 

7 Act shall be compensated at their standard rate of com8 pensation, for the period of such lapse in appropriations, 

9 as soon as practicable after such lapse in appropriations 

10 ends. 

11 (b) For purposes of this section, ‘‘employee’’ means 

12 any of the following whose salaries and expenses are pro13 vided in any division of this consolidated Act: 

14 (1) A Federal employee. 

15 (2) An employee of the District of Columbia 

16 Courts. 

17 (3) An employee of the Public Defender Service 

18 for the District of Columbia. 

19 (4) A District of Columbia Government em20 ployee. 

21 (c) All obligations incurred in anticipation of the ap22 propriations made and authority granted by any division 

23 of this consolidated Act for the purposes of maintaining 

24 the essential level of activity to protect life and property 

25 and bringing about orderly termination of Government 


pbinns on DSK79D2C42PROD with BILLS
1044 

HR 21 PCS 

1 functions, and for purposes as otherwise authorized by 

2 law, are hereby ratified and approved if otherwise in ac3 cord with the provisions of any division of this consoli4 dated Act. 

5 SEC. 105. (a) If a State (or another Federal grantee) 

6 used State funds (or the grantee’s non-Federal funds) to 

7 continue carrying out a Federal program or furloughed 

8 State employees (or the grantee’s employees) whose com9 pensation is advanced or reimbursed in whole or in part 

10 by the Federal Government— 

11 (1) such furloughed employees shall be com12 pensated at their standard rate of compensation for 

13 such period; 

14 (2) the State (or such other grantee) shall be 

15 reimbursed for expenses that would have been paid 

16 by the Federal Government during such period had 

17 appropriations been available, including the cost of 

18 compensating such furloughed employees, together 

19 with interest thereon calculated under section 

20 6503(d) of title 31, United States Code; and 

21 (3) the State (or such other grantee) may use 

22 funds available to the State (or the grantee) under 

23 such Federal program to reimburse such State (or 

24 the grantee), together with interest thereon calVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 01044 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
1045 

HR 21 PCS 

1 culated under section 6503(d) of title 31, United 

2 States Code. 

3 (b) For purposes of this section, the term ‘‘State’’ 

4 and the term ‘‘grantee,’’ including United States terri5 tories and possessions, shall have the meaning given such 

6 terms under the applicable Federal program under sub7 section (a). In addition, ‘‘to continue carrying out a Fed8 eral program’’ means the continued performance by a 

9 State or other Federal grantee, during the period of a 

10 lapse in appropriations, of a Federal program that the 

11 State or such other grantee had been carrying out prior 

12 to the period of the lapse in appropriations. 

13 (c) The authority under this section applies with re14 spect to any period in fiscal year 2019 (not limited to peri15 ods beginning or ending after the date of the enactment 

16 of this Act) during which there occurs a lapse in appro17 priations with respect to any department or agency of the 

18 Federal Government receiving funding in any division of 

19 this consolidated Act which, but for such lapse in appro20 priations, would have paid, or made reimbursement relat21 ing to, any of the expenses referred to in this section with 

22 respect to the program involved. Payments and reimburse23 ments under this authority shall be made only to the ex24 tent and in amounts provided in advance in appropriations 

25 Acts. 


pbinns on DSK79D2C42PROD with BILLS
1046 

HR 21 PCS 

1 SEC. 106. (a) Section 3(20)(B) of the Carl D. Per2 kins Career and Technical Education Act of 2006 (20 

3 U.S.C. 2302(20)(B)), as amended by section 7 of the 

4 Strengthening Career and Technical Education for the 

5 21st Century Act (Public Law 115–224), is amended by 

6 inserting ‘‘, except that, for the purpose of section 132, 

7 the term ‘recognized postsecondary credential’ as used in 

8 this subparagraph shall not include a baccalaureate de9 gree’’ after ‘‘associate degree’’. 

10 (b) The amendment made by subsection (a) shall take 

11 effect on July 1, 2019, as if included in the Strengthening 

12 Career and Technical Education for the 21st Century Act 

13 (Public Law 115–224). 

14 TITLE II 

15 EXTENSIONS OF AUTHORITIES 

16 SEC. 201. Sections 1309(a) and 1319 of the National 

17 Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 

18 4026) shall be applied by substituting ‘‘September 30, 

19 2019’’ for ‘‘December 7, 2018’’. 

20 SEC. 202. The authority provided under title XXI of 

21 the Homeland Security Act of 2002 (6 U.S.C. 621 et 

22 seq.), as amended by section 2(a) of the Protecting and 

23 Securing Chemical Facilities from Terrorist Attacks Act 

24 of 2014 (Public Law 113–254), shall continue in effect 

25 through September 30, 2019. 


pbinns on DSK79D2C42PROD with BILLS
1047 

HR 21 PCS 

1 SEC. 203. (a) The following sections of the Federal 

2 Insecticide, Fungicide, and Rodenticide Act shall continue 

3 in effect through March 1, 2019— 

4 (1) subparagraphs (C) through (E) of section 

5 4(i)(1) (7 U.S.C. 136a–1(i)(1)(C)–(E)); 

6 (2) section 4(k)(3) (7 U.S.C. 136a–1(k)(3)); 

7 (3) section 4(k)(4) (7 U.S.C. 136a–1(k)(4)); 

8 and 

9 (4) section 33(c)(3)(B) (7 U.S.C. 136w– 

10 8(c)(3)(B)). 

11 (b)(1) Section 4(i)(1)(I) of the Federal Insecticide, 

12 Fungicide, and Rodenticide Act (7 U.S.C. 136a– 

13 1(i)(1)(I)) shall be applied by substituting ‘‘March 1, 

14 2019’’ for ‘‘September 30, 2017’’. 

15 (2) Notwithstanding section 33(m)(2) of the Federal 

16 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 

17 136w–8(m)(2)), section 33(m)(1) of such Act (7 U.S.C. 

18 136w–8(m)(1)) shall be applied by substituting ‘‘March 1, 

19 2019’’ for ‘‘September 30, 2017’’. 

20 (c) Section 408(m)(3) of the Federal Food, Drug, 

21 and Cosmetic Act (21 U.S.C. 346a(m)(3)) shall be applied 

22 by substituting ‘‘March 1, 2019’’ for ‘‘September 30, 

23 2017’’. 


pbinns on DSK79D2C42PROD with BILLS
1048 

HR 21 PCS 

1 SEC. 204. Section 319L(e)(1)(A) of the Public 

2 Health Service Act (42 U.S.C. 247d–7e(e)(1)(A)) shall 

3 continue in effect through September 30, 2019. 

4 SEC. 205. Section 405(a) of the Pandemic and All5 Hazards Preparedness Act (42 U.S.C. 247d–6a note) shall 

6 continue in effect through September 30, 2019. 

7 TANF PROGRAM EXTENSIONS

8 SEC. 206. (a) FAMILY ASSISTANCE GRANTS.—Sec9 tion 403(a)(1) of the Social Security Act (42 U.S.C. 

10 603(a)(1)) is amended in each of subparagraphs (A) and 

11 (C) by striking ‘‘2017 and 2018’’ and inserting ‘‘2019 and 

12 2020’’. 

13 (b) HEALTHY MARRIAGE PROMOTION AND RESPON14 SIBLE FATHERHOOD GRANTS.—Section 403(a)(2)(D) of 

15 such Act (42 U.S.C. 603(a)(2)(D)) is amended— 

16 (1) by striking ‘‘2017 and 2018’’ and inserting 

17 ‘‘2019 and 2020’’; and 

18 (2) by striking ‘‘for fiscal year 2017 or 2018’’. 

19 (c) CONTINGENCY FUND.—Section 403(b)(2) of such 

20 Act (42 U.S.C. 603(b)(2)) is amended by striking ‘‘fiscal 

21 year 2018’’ and inserting ‘‘each of fiscal years 2019 and 

22 2020’’. 

23 (d) TRIBAL FAMILY ASSISTANCE GRANTS.—Para24 graphs (1)(A) and (2)(A) of section 412(a) of such Act 

25 (42 U.S.C. 612(a)) are each amended by striking ‘‘2017 

26 and 2018’’ and inserting ‘‘2019 and 2020’’. 


pbinns on DSK79D2C42PROD with BILLS
1049 

HR 21 PCS 

1 (e) CHILD CARE.—Section 418(a)(3) of such Act (42 

2 U.S.C. 618(a)(3)) is amended by striking ‘‘2017 and 

3 2018’’ and inserting ‘‘2019 and 2020’’. 

4 (f) GRANTS TO THE TERRITORIES.—Section 

5 1108(b)(2) of such Act (42 U.S.C. 1308(b)(2)) is amend6 ed by striking ‘‘2017 and 2018’’ and inserting ‘‘2019 and 

7 2020’’. 

8 MEASURING AND UNDERSTANDING OUTCOMES

9 SEC. 207. (a) IN GENERAL.—Section 411(a) of the 

10 Social Security Act (42 U.S.C. 611(a)) is amended by re11 designating paragraph (7) as paragraph (8) and inserting 

12 after paragraph (6) the following: 

13 ‘‘(7) REPORT ON ENGAGEMENT, EMPLOYMENT

14 AND OUTCOMES.— 

15 ‘‘(A) REPORTING AGREEMENT.—Each 

16 State and the Secretary shall enter into an 

17 agreement specifying the manner by which the 

18 information and data described in this para19 graph shall be collected and reported to the 

20 Secretary beginning in fiscal year 2020. 

21 ‘‘(i) OUTCOMES FOR EXITING RECIPI22 ENTS.—Information and data regarding 

23 families who formerly received assistance 

24 and included a work-eligible individual 

25 (disaggregated by type of family, reason 

26 for exit, and participation in work activiVerDate Sep 11 2014 01:47 Jan 09, 2019 Jkt 089200 PO 00000 Frm 01049 Fmt 6652 Sfmt 6201 E:\BILLS\H21.PCS H21

pbinns on DSK79D2C42PROD with BILLS
1050 

HR 21 PCS 

1 ties during the preceding fiscal year) under 

2 the State program funded under this part 

3 or under any State program funded with 

4 qualified State expenditures (as defined in 

5 section 409(a)(7)(B)(i)), with respect to 

6 the following: 

7 ‘‘(I) The percentage with at least 

8 1 formerly work-eligible individual em9 ployed during the 2nd quarter after 

10 exiting from the program. 

11 ‘‘(II) The percentage with at 

12 least 1 formerly work-eligible indi13 vidual employed during the 4th quar14 ter after exiting from the program. 

15 ‘‘(III) The median earnings when 

16 at least 1 formerly work-eligible indi17 vidual is employed during the 2d 

18 quarter after exiting from the pro19 gram. 

20 ‘‘(IV) The percentage with at 

21 least 1 formerly work-eligible indi22 vidual employed during any of the 

23 first 4 quarters after exiting from the 

24 program. 


pbinns on DSK79D2C42PROD with BILLS
1051 

HR 21 PCS 

1 ‘‘(V) The distribution of income 

2 and earnings, including relative to 

3 poverty and deep poverty, for each of 

4 the first 4 quarters ending after the 

5 quarter of exit from assistance. 

6 ‘‘(VI) The percentage who, at the 

7 time of exit from the program, were 

8 subject to the following: 

9 ‘‘(aa) A penalty under sec10 tion 407(e). 

11 ‘‘(bb) A sanction or penalty 

12 described in section 404 or 408. 

13 ‘‘(cc) A penalty or sanction 

14 not described in item (aa) or 

15 (bb). 

16 ‘‘(ii) ENGAGEMENT AND EMPLOY17 MENT OF CURRENT RECIPIENTS.— 

18 ‘‘(I) WORK-ELIGIBLE INDIVID19 UALS.—In the case of current work-el20 igible individuals under the State pro21 gram funded under this part or under 

22 any State program funded with quali23 fied State expenditures (as defined in 

24 section 409(a)(7)(B)(i)), the following 


pbinns on DSK79D2C42PROD with BILLS
1052 

HR 21 PCS 

1 information relative to current quarter 

2 being reported: 

3 ‘‘(aa) Earnings in each of 

4 the 4 quarters immediately pre5 ceding the quarter. 

6 ‘‘(bb) Standard measures of 

7 employment, earnings, receipt of 

8 assistance, and participation in 

9 work activities (as defined in sec10 tion 407(d)) in each of the first 

11 4 quarters following the quarter. 

12 ‘‘(II) ALL RECIPIENTS.— The 

13 percentage of recipients of assistance 

14 under the State program funded 

15 under this part who have not attained 

16 24 years of age and who obtain a high 

17 school degree or its recognized equiva18 lent while receiving the assistance. 

19 ‘‘(B) STATISTICAL ADJUSTMENT MODEL

20 FOR EMPLOYMENT OUTCOMES.—The Secretary, 

21 in consultation with the Secretary of Labor and 

22 relevant experts, shall develop recommendations 

23 by March 1, 2020, on how to establish and dis24 seminate an objective statistical model that will 

25 allow the Secretary to make adjustments to the 


pbinns on DSK79D2C42PROD with BILLS
1053 

HR 21 PCS 

1 data reported pursuant to subclauses (I) 

2 through (IV) of subparagraph (A)(i) of this 

3 paragraph, based on economic conditions and 

4 the characteristics of participants. To the ex5 tent practicable, the recommendations shall be 

6 compatible with the statistical adjustment 

7 model developed under section 

8 116(b)(3)(A)(viii) of the Workforce Innovation 

9 and Opportunity Act (29 U.S.C. 

10 3141(b)(3)(A)(viii)) and, with respect to a 

11 State, the State adjusted levels of performance 

12 established for the State under that section.’’. 

13 TECHNICAL CORRECTIONS TO DATA EXCHANGE

14 STANDARDS TO IMPROVE PROGRAM COORDINATION

15 SEC. 208. (a) IN GENERAL.—Section 411(d) of the 

16 Social Security Act (42 U.S.C. 611(d)) is amended to read 

17 as follows: 

18 ‘‘(d) DATA EXCHANGE STANDARDS FOR IMPROVED

19 INTEROPERABILITY.— 

20 ‘‘(1) DESIGNATION.—The Secretary shall, in 

21 consultation with an interagency work group estab22 lished by the Office of Management and Budget and 

23 considering State government perspectives, by rule, 

24 designate data exchange standards to govern, under 

25 this part— 


pbinns on DSK79D2C42PROD with BILLS
1054 

HR 21 PCS 

1 ‘‘(A) necessary categories of information 

2 that State agencies operating programs under 

3 State plans approved under this part are re4 quired under applicable Federal law to elec5 tronically exchange with another State agency; 

6 and 

7 ‘‘(B) Federal reporting and data exchange 

8 required under applicable Federal law. 

9 ‘‘(2) REQUIREMENTS.—The data exchange 

10 standards required by paragraph (1) shall, to the ex11 tent practicable— 

12 ‘‘(A) incorporate a widely accepted, non13 proprietary, searchable, computer-readable for14 mat, such as the eXtensible Markup Language; 

15 ‘‘(B) contain interoperable standards devel16 oped and maintained by intergovernmental 

17 partnerships, such as the National Information 

18 Exchange Model; 

19 ‘‘(C) incorporate interoperable standards 

20 developed and maintained by Federal entities 

21 with authority over contracting and financial 

22 assistance; 

23 ‘‘(D) be consistent with and implement ap24 plicable accounting principles; 


pbinns on DSK79D2C42PROD with BILLS
1055 

HR 21 PCS 

1 ‘‘(E) be implemented in a manner that is 

2 cost-effective and improves program efficiency 

3 and effectiveness; and 

4 ‘‘(F) be capable of being continually up5 graded as necessary. 

6 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

7 this subsection shall be construed to require a 

8 change to existing data exchange standards found to 

9 be effective and efficient.’’. 

10 (b) EFFECTIVE DATE.—Not later than the date that 

11 is 24 months after the date of the enactment of this sec12 tion, the Secretary of Health and Human Services shall 

13 issue a proposed rule that— 

14 (1) identifies federally required data exchanges, 

15 include specification and timing of exchanges to be 

16 standardized, and address the factors used in deter17 mining whether and when to standardize data ex18 changes; and 

19 (2) specifies State implementation options and 

20 describes future milestones. 

21 UNEMPLOYMENT INSURANCE TECHNICAL CORRECTIONS

22 SEC. 209. Section 306(a) of the Social Security Act 

23 (42 U.S.C. 506(a)) is amended— 

24 (1) by striking ‘‘individuals’’ and inserting 

25 ‘‘claimants of regular compensation, including claim26 ants’’; and 


pbinns on DSK79D2C42PROD with BILLS
1056 

HR 21 PCS 

1 (2) by inserting a comma after ‘‘section 

2 303(j)’’. 

3 TITLE III 

4 MEDICAID EXTENDERS 

5 EXTENSION OF MONEY FOLLOWS THE PERSON

6 REBALANCING DEMONSTRATION

7 SEC. 301. (a) GENERAL FUNDING.—Section 6071(h) 

8 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a 

9 note) is amended— 

10 (1) in paragraph (1)— 

11 (A) in subparagraph (D), by striking 

12 ‘‘and’’ after the semicolon; 

13 (B) in subparagraph (E), by striking the 

14 period at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(F) subject to paragraph (3), 

17 $112,000,000 for fiscal year 2019.’’; 

18 (2) in paragraph (2)— 

19 (A) by striking ‘‘Amounts made’’ and in20 serting ‘‘Subject to paragraph (3), amounts 

21 made’’; and 

22 (B) by striking ‘‘September 30, 2016’’ and 

23 inserting ‘‘September 30, 2021’’; and 

24 (3) by adding at the end the following new 

25 paragraph: 


pbinns on DSK79D2C42PROD with BILLS
1057 

HR 21 PCS 

1 ‘‘(3) SPECIAL RULE FOR FY 2019.—Funds ap2 propriated under paragraph (1)(F) shall be made 

3 available for grants to States only if such States 

4 have an approved MFP demonstration project under 

5 this section as of December 31, 2018.’’. 

6 (b) FUNDING FOR QUALITY ASSURANCE AND IM7 PROVEMENT; TECHNICAL ASSISTANCE; OVERSIGHT.— 

8 Section 6071(f) of the Deficit Reduction Act of 2005 (42 

9 U.S.C. 1396a note) is amended by striking paragraph (2) 

10 and inserting the following: 

11 ‘‘(2) FUNDING.—From the amounts appro12 priated under subsection (h)(1)(F) for fiscal year 

13 2019, $500,000 shall be available to the Secretary 

14 for such fiscal year to carry out this subsection.’’. 

15 (c) TECHNICAL AMENDMENT.—Section 6071(b) of 

16 the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) 

17 is amended by adding at the end the following: 

18 ‘‘(10) SECRETARY.—The term ‘Secretary’ 

19 means the Secretary of Health and Human Serv20 ices.’’. 

21 EXTENSION OF PROTECTION FOR MEDICAID RECIPIENTS

22 OF HOME AND COMMUNITY-BASED SERVICES

23 AGAINST SPOUSAL IMPOVERISHMENT

24 SEC. 302. (a) IN GENERAL.—Section 2404 of Public 

25 Law 111–148 (42 U.S.C. 1396r–5 note) is amended by 


pbinns on DSK79D2C42PROD with BILLS
1058 

HR 21 PCS 

1 striking ‘‘the 5-year period that begins on January 1, 

2 2014,’’ and inserting ‘‘the period beginning on January 

3 1, 2014, and ending on March 31, 2019,’’. 

4 (b) RULE OF CONSTRUCTION.— 

5 (1) PROTECTING STATE SPOUSAL INCOME AND

6 ASSET DISREGARD FLEXIBILITY UNDER WAIVERS

7 AND PLAN AMENDMENTS.—Nothing in section 2404 

8 of Public Law 111–148 (42 U.S.C. 1396r–5 note) or 

9 section 1924 of the Social Security Act (42 U.S.C. 

10 1396r–5) shall be construed as prohibiting a State 

11 from disregarding an individual’s spousal income 

12 and assets under a State waiver or plan amendment 

13 described in paragraph (2) for purposes of making 

14 determinations of eligibility for home and commu15 nity-based services or home and community-based 

16 attendant services and supports under such waiver 

17 or plan amendment. 

18 (2) STATE WAIVER OR PLAN AMENDMENT DE19 SCRIBED.—A State waiver or plan amendment de20 scribed in this paragraph is any of the following: 

21 (A) A waiver or plan amendment to pro22 vide medical assistance for home and commu23 nity-based services under a waiver or plan 

24 amendment under subsection (c), (d), or (i) of 

25 section 1915 of the Social Security Act (42 


pbinns on DSK79D2C42PROD with BILLS
1059 

HR 21 PCS 

1 U.S.C. 1396n) or under section 1115 of such 

2 Act (42 U.S.C. 1315). 

3 (B) A plan amendment to provide medical 

4 assistance for home and community-based serv5 ices for individuals by reason of being deter6 mined eligible under section 1902(a)(10)(C) of 

7 such Act (42 U.S.C. 1396a(a)(10)(C)) or by 

8 reason of section 1902(f) of such Act (42 

9 U.S.C. 1396a(f)) or otherwise on the basis of a 

10 reduction of income based on costs incurred for 

11 medical or other remedial care under which the 

12 State disregarded the income and assets of the 

13 individual’s spouse in determining the initial 

14 and ongoing financial eligibility of an individual 

15 for such services in place of the spousal impov16 erishment provisions applied under section 1924 

17 of such Act (42 U.S.C. 1396r–5). 

18 (C) A plan amendment to provide medical 

19 assistance for home and community-based at20 tendant services and supports under section 

21 1915(k) of such Act (42 U.S.C. 1396n(k)). 


pbinns on DSK79D2C42PROD with BILLS
1060 

HR 21 PCS 

1 REDUCTION IN FMAP AFTER 2020 FOR STATES WITHOUT

2 ASSET VERIFICATION PROGRAM

3 SEC. 303. Section 1940 of the Social Security Act 

4 (42 U.S.C. 1396w) is amended by adding at the end the 

5 following new subsection: 

6 ‘‘(k) REDUCTION IN FMAP AFTER 2020 FOR NON7 COMPLIANT STATES.— 

8 ‘‘(1) IN GENERAL.—With respect to a calendar 

9 quarter beginning on or after January 1, 2021, the 

10 Federal medical assistance percentage otherwise de11 termined under section 1905(b) for a non-compliant 

12 State shall be reduced— 

13 ‘‘(A) for calendar quarters in 2021 and 

14 2022, by 0.12 percentage points; 

15 ‘‘(B) for calendar quarters in 2023, by 

16 0.25 percentage points; 

17 ‘‘(C) for calendar quarters in 2024, by 

18 0.35 percentage points; and 

19 ‘‘(D) for calendar quarters in 2025 and 

20 each year thereafter, by 0.5 percentage points. 

21 ‘‘(2) NON-COMPLIANT STATE DEFINED.—For 

22 purposes of this subsection, the term ‘non-compliant 

23 State’ means a State— 

24 ‘‘(A) that is one of the 50 States or the 

25 District of Columbia; 


pbinns on DSK79D2C42PROD with BILLS
1061 

HR 21 PCS 

1 ‘‘(B) with respect to which the Secretary 

2 has not approved a State plan amendment sub3 mitted under subsection (a)(2); and 

4 ‘‘(C) that is not operating, on an ongoing 

5 basis, an asset verification program in accord6 ance with this section.’’. 

7 MEDICAID IMPROVEMENT FUND

8 SEC. 304. Section 1941(b)(1) of the Social Security 

9 Act (42 U.S.C. 1396w–1(b)(1)) is amended by striking 

10 ‘‘$31,000,000’’ and inserting ‘‘$6,000,000’’. 

11 BUDGETARY EFFECTS

12 SEC. 305. (a) STATUTORY PAYGO SCORECARDS.— 

13 The budgetary effects of this division shall not be entered 

14 on either PAYGO scorecard maintained pursuant to sec15 tion 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 

16 U.S.C. 933(d)). 

17 (b) SENATE PAYGO SCORECARDS.—The budgetary 

18 effects of this division shall not be entered on any PAYGO 

19 scorecard maintained for purposes of section 4106 of H. 

20 Con. Res. 71 (115th Congress). 

21 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— 

22 Notwithstanding Rule 3 of the Budget Scorekeeping 

23 Guidelines set forth in the joint explanatory statement of 

24 the committee of conference accompanying Conference Re25 port 105–217 and section 250(c)(8) of the Balanced 


pbinns on DSK79D2C42PROD with BILLS
1062 

HR 21 PCS 

1 Budget and Emergency Deficit Control Act of 1985, the 

2 budgetary effects of this division shall not be estimated— 

3 (1) for purposes of section 251 of such Act; and 

4 (2) for purposes of paragraph (4)(C) of section 

5 3 of the Statutory Pay-As-You-Go Act of 2010 as 

6 being included in an appropriation Act. 

7 TITLE IV 

8 BUDGETARY EFFECTS 

9 SEC. 401. Effective on the date of enactment of this 

10 Act, the balances on the PAYGO scorecards established 

11 pursuant to paragraphs (4) and (5) of section 4(d) of the 

12 Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)) 

13 shall be zero. 

Passed the House of Representatives January 3, 

2019. 

Attest: KAREN L. HAAS, 

Clerk. 


pbinns on DSK79D2C42PROD with BILLS

pbinns on DSK79D2C42PROD with BILLS
Calendar No. 5 

116TH CONGRESS 

1ST SESSION H. R. 21 

AN ACT 

Making appropriations for the fiscal year ending 

September 30, 2019, and for other purposes. 

JANUARY 8, 2019 

Read the second time and placed on the calendar 


pbinns on DSK79D2C42PROD with BILLS