180 
(2) contains elements likely to induce high lev-
els of emotional response or psychological stress in 
some participants; 
(3) does not require prior employee notification 
of the content and methods to be used in the train-
ing and written end of course evaluation; 
(4) contains any methods or content associated 
with religious or quasi-religious belief systems or 
‘‘new age’’ belief systems as defined in Equal Em-
ployment 
Opportunity 
Commission 
Notice 
N– 
915.022, dated September 2, 1988; or 
(5) is offensive to, or designed to change, par-
ticipants’ personal values or lifestyle outside the 
workplace. 
(b) Nothing in this section shall prohibit, restrict, or 
otherwise preclude an agency from conducting training 
bearing directly upon the performance of official duties. 
SEC. 405. Except as otherwise provided in this Act, 
none of the funds provided in this Act, provided by pre-
vious appropriations Acts to the agencies or entities fund-
ed in this Act that remain available for obligation or ex-
penditure in fiscal year 2019, or provided from any ac-
counts in the Treasury derived by the collection of fees 
and available to the agencies funded by this Act, shall be 
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181 
available for obligation or expenditure through a re-
programming of funds that— 
(1) creates a new program; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any pro-
gram, project, or activity for which funds have been 
denied or restricted by the Congress; 
(4) proposes to use funds directed for a specific 
activity by either the House or Senate Committees 
on Appropriations for a different purpose; 
(5) augments existing programs, projects, or ac-
tivities in excess of $5,000,000 or 10 percent, which-
ever is less; 
(6) reduces existing programs, projects, or ac-
tivities by $5,000,000 or 10 percent, whichever is 
less; or 
(7) creates, reorganizes, or restructures a 
branch, division, office, bureau, board, commission, 
agency, administration, or department different from 
the budget justifications submitted to the Commit-
tees on Appropriations or the tables in the explana-
tory statement described in section 421 of this Act, 
whichever is more detailed, unless prior approval is 
received from the House and Senate Committees on 
Appropriations: Provided, That not later than 60 
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182 
days after the date of enactment of this Act, each 
agency funded by this Act shall submit a report to 
the Committees on Appropriations of the Senate and 
of the House of Representatives to establish the 
baseline for application of reprogramming and trans-
fer authorities for the current fiscal year: Provided 
further, That the report shall include— 
(A) a table for each appropriation with a 
separate column to display the prior year en-
acted level, the President’s budget request, ad-
justments made by Congress, adjustments due 
to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(B) a delineation in the table for each ap-
propriation and its respective prior year enacted 
level by object class and program, project, and 
activity as detailed in the budget appendix for 
the respective appropriation; and 
(C) an identification of items of special 
congressional interest. 
SEC. 406. Except as otherwise specifically provided 
by law, not to exceed 50 percent of unobligated balances 
remaining available at the end of fiscal year 2019 from 
appropriations made available for salaries and expenses 
for fiscal year 2019 in this Act, shall remain available 
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183 
through September 30, 2020, for each such account for 
the purposes authorized: Provided, That a request shall 
be submitted to the House and Senate Committees on Ap-
propriations for approval prior to the expenditure of such 
funds: Provided further, That these requests shall be made 
in compliance with reprogramming guidelines under sec-
tion 405 of this Act. 
SEC. 407. No funds in this Act may be used to sup-
port any Federal, State, or local projects that seek to use 
the power of eminent domain, unless eminent domain is 
employed only for a public use: Provided, That for pur-
poses of this section, public use shall not be construed to 
include economic development that primarily benefits pri-
vate entities: Provided further, That any use of funds for 
mass transit, railroad, airport, seaport or highway 
projects, as well as utility projects which benefit or serve 
the general public (including energy-related, communica-
tion-related, water-related and wastewater-related infra-
structure), other structures designated for use by the gen-
eral public or which have other common-carrier or public- 
utility functions that serve the general public and are sub-
ject to regulation and oversight by the government, and 
projects for the removal of an immediate threat to public 
health and safety or brownfields as defined in the Small 
Business Liability Relief and Brownfields Revitalization 
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184 
Act (Public Law 107–118) shall be considered a public 
use for purposes of eminent domain. 
SEC. 408. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriations Act. 
SEC. 409. No part of any appropriation contained in 
this Act shall be available to pay the salary for any person 
filling a position, other than a temporary position, for-
merly held by an employee who has left to enter the Armed 
Forces of the United States and has satisfactorily com-
pleted his or her period of active military or naval service, 
and has within 90 days after his or her release from such 
service or from hospitalization continuing after discharge 
for a period of not more than 1 year, made application 
for restoration to his or her former position and has been 
certified by the Office of Personnel Management as still 
qualified to perform the duties of his or her former posi-
tion and has not been restored thereto. 
SEC. 410. No funds appropriated pursuant to this 
Act may be expended by an entity unless the entity agrees 
that in expending the assistance the entity will comply 
with sections 2 through 4 of the Act of March 3, 1933 
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(41 U.S.C. 8301–8305, popularly known as the ‘‘Buy 
American Act’’). 
SEC. 411. No funds appropriated or otherwise made 
available under this Act shall be made available to any 
person or entity that has been convicted of violating the 
Buy American Act (41 U.S.C. 8301–8305). 
SEC. 412. None of the funds made available in this 
Act may be used for first-class airline accommodations in 
contravention of sections 301–10.122 and 301–10.123 of 
title 41, Code of Federal Regulations. 
SEC. 413. (a) None of the funds made available by 
this Act may be used to approve a new foreign air carrier 
permit under sections 41301 through 41305 of title 49, 
United States Code, or exemption application under sec-
tion 40109 of that title of an air carrier already holding 
an air operators certificate issued by a country that is 
party to the U.S.-E.U.-Iceland-Norway Air Transport 
Agreement where such approval would contravene United 
States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor-
way Air Transport Agreement. 
(b) Nothing in this section shall prohibit, restrict or 
otherwise preclude the Secretary of Transportation from 
granting a foreign air carrier permit or an exemption to 
such an air carrier where such authorization is consistent 
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with the U.S.-E.U.-Iceland-Norway Air Transport Agree-
ment and United States law. 
SEC. 414. None of the funds made available in this 
Act may be used to send or otherwise pay for the attend-
ance of more than 50 employees of a single agency or de-
partment of the United States Government, who are sta-
tioned in the United States, at any single international 
conference unless the relevant Secretary reports to the 
House and Senate Committees on Appropriations at least 
5 days in advance that such attendance is important to 
the national interest: Provided, That for purposes of this 
section the term ‘‘international conference’’ shall mean a 
conference occurring outside of the United States attended 
by representatives of the United States Government and 
of foreign governments, international organizations, or 
nongovernmental organizations. 
SEC. 415. None of the funds appropriated or other-
wise made available under this Act may be used by the 
Surface Transportation Board to charge or collect any fil-
ing fee for rate or practice complaints filed with the Board 
in an amount in excess of the amount authorized for dis-
trict court civil suit filing fees under section 1914 of title 
28, United States Code. 
SEC. 416. None of the funds made available by this 
Act may be used by the Department of Transportation, 
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the Department of Housing and Urban Development, or 
any other Federal agency to lease or purchase new light 
duty vehicles for any executive fleet, or for an agency’s 
fleet inventory, except in accordance with Presidential 
Memorandum—Federal Fleet Performance, dated May 
24, 2011. 
SEC. 417. (a) None of the funds made available in 
this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, 
downloading, and exchanging of pornography. 
(b) Nothing in subsection (a) shall limit the use of 
funds necessary for any Federal, State, tribal, or local law 
enforcement agency or any other entity carrying out crimi-
nal investigations, prosecution, or adjudication activities. 
SEC. 418. (a) None of the funds made available in 
this Act may be used to deny an Inspector General funded 
under this Act timely access to any records, documents, 
or other materials available to the department or agency 
over which that Inspector General has responsibilities 
under the Inspector General Act of 1978 (5 U.S.C. App.), 
or to prevent or impede that Inspector General’s access 
to such records, documents, or other materials, under any 
provision of law, except a provision of law that expressly 
refers to the Inspector General and expressly limits the 
Inspector General’s right of access. 
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(b) A department or agency covered by this section 
shall provide its Inspector General with access to all such 
records, documents, and other materials in a timely man-
ner. 
(c) Each Inspector General shall ensure compliance 
with statutory limitations on disclosure relevant to the in-
formation provided by the establishment over which that 
Inspector General has responsibilities under the Inspector 
General Act of 1978 (5 U.S.C. App.). 
(d) Each Inspector General covered by this section 
shall report to the Committees on Appropriations of the 
House of Representatives and the Senate within 5 cal-
endar days any failures to comply with this requirement. 
SEC. 419. None of the funds appropriated or other-
wise made available by this Act may be used to pay award 
or incentive fees for contractors whose performance has 
been judged to be below satisfactory, behind schedule, over 
budget, or has failed to meet the basic requirements of 
a contract, unless the Agency determines that any such 
deviations are due to unforeseeable events, government- 
driven scope changes, or are not significant within the 
overall scope of the project and/or program unless such 
awards or incentive fees are consistent with 16.401(e)(2) 
of the FAR. 
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SEC. 420. (a) Section 420 (a) None of the funds ap-
propriated or otherwise made available under this Act may 
be used to acquire telecommunications equipment pro-
duced by Huawei Technologies Company, ZTE Corpora-
tion or a high-impact or moderate-impact information sys-
tem, as defined for security categorization in the National 
Institute of Standards and Technology’s (NIST) Federal 
Information 
Processing 
Standard 
Publication 
199, 
‘‘Standards for Security Categorization of Federal Infor-
mation and Information Systems’’ unless the agency 
has— 
(1) reviewed the supply chain risk for the infor-
mation systems against criteria developed by NIST 
to inform acquisition decisions for high-impact and 
moderate-impact information systems within the 
Federal Government; 
(2) reviewed the supply chain risk from the pre-
sumptive awardee against available and relevant 
threat information provided by the Federal Bureau 
of Investigation and other appropriate agencies; and 
(3) in consultation with the Federal Bureau of 
Investigation or other appropriate Federal entity, 
conducted an assessment of any risk of cyber-espio-
nage or sabotage associated with the acquisition of 
such system, including any risk associated with such 
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system being produced, manufactured, or assembled 
by one or more entities identified by the United 
States Government as posing a cyber threat, includ-
ing but not limited to, those that may be owned, di-
rected, or subsidized by the People’s Republic of 
China, the Islamic Republic of Iran, the Democratic 
People’s Republic of Korea, or the Russian Federa-
tion. 
(b) None of the funds appropriated or otherwise 
made available under this Act may be used to acquire a 
high-impact or moderate impact information system re-
viewed and assessed under subsection (a) unless the head 
of the assessing entity described in subsection (a) has— 
(1) developed, in consultation with NIST and 
supply chain risk management experts, a mitigation 
strategy for any identified risks; 
(2) determined, in consultation with NIST and 
the Federal Bureau of Investigation, that the acqui-
sition of such system is in the vital national security 
interest of the United States; and 
(3) reported that determination to the Commit-
tees on Appropriations of the House of Representa-
tives and the Senate in a manner that identifies the 
system intended for acquisition and a detailed de-
scription of the mitigation strategies identified in 
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(1), provided that such report may include a classi-
fied annex as necessary. 
SEC. 421. The explanatory statement regarding divi-
sion D of H.R. 21, printed in the Congressional Record 
on January 3, 2019, and submitted by the Chair of the 
Committee on Appropriations, shall have the same effect 
with respect to allocation of funds and implementation of 
this Act as if it were a joint explanatory statement of a 
committee of conference. 
SEC. 422. (a) Employees furloughed as a result of 
any lapse in appropriations beginning on or about Decem-
ber 22, 2018 and ending on the date of enactment of this 
Act shall be compensated at their standard rate of com-
pensation, for the period of such lapse in appropriations, 
as soon as practicable after such lapse in appropriations 
ends. 
(b) For purposes of this section, ‘‘employees’’ means 
any Federal employees whose salaries and expenses are 
provided in this Act. 
(c) All obligations incurred in anticipation of the ap-
propriations made and authority granted by this Act for 
the purposes of maintaining the essential level of activity 
to protect life and property and bringing about orderly ter-
mination of Government functions, and for purposes as 
otherwise authorized by law, are hereby ratified and ap-
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proved if otherwise in accord with the provisions of this 
Act. 
SEC. 423. (a) If a State (or another Federal grantee) 
used State funds (or the grantee’s non-Federal funds) to 
continue carrying out a Federal program or furloughed 
State employees (or the grantee’s employees) whose com-
pensation is advanced or reimbursed in whole or in part 
by the Federal Government— 
(1) such furloughed employees shall be com-
pensated at their standard rate of compensation for 
such period; 
(2) the State (or such other grantee) shall be 
reimbursed for expenses that would have been paid 
by the Federal Government during such period had 
appropriations been available, including the cost of 
compensating such furloughed employees, together 
with interest thereon calculated under section 
6503(d) of title 31, United States Code; and 
(3) the State (or such other grantee) may use 
funds available to the State (or the grantee) under 
such Federal program to reimburse such State (or 
the grantee), together with interest thereon cal-
culated under section 6503(d) of title 31, United 
States Code. 
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(b) For purposes of this section, the term ‘‘State’’ 
and the term ‘‘grantee,’’ including United States terri-
tories and possessions, shall have the meaning given such 
terms under the applicable Federal program under sub-
section (a). In addition, ‘‘to continue carrying out a Fed-
eral program’’ means the continued performance by a 
State or other Federal grantee, during the period of a 
lapse in appropriations, of a Federal program that the 
State or such other grantee had been carrying out prior 
to the period of the lapse in appropriations. 
(c) The authority under this section applies with re-
spect to any period in fiscal year 2019 (not limited to peri-
ods beginning or ending after the date of the enactment 
of this Act) during which there occurs a lapse in appro-
priations with respect to any department or agency of the 
Federal Government receiving funding in this Act which, 
but for such lapse in appropriations, would have paid, or 
made reimbursement relating to, any of the expenses re-
ferred to in this section with respect to the program in-
volved. Payments and reimbursements under this author-
ity shall be made only to the extent and in amounts pro-
vided in advance in appropriations Acts. 
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This Act may be cited as the ‘‘Transportation, Hous-
ing and Urban Development, and Related Agencies Appro-
priations Act, 2019’’. 
Æ 
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