Highlights:
This bill provides FY2019 appropriations for several federal departments and agencies. It includes 4 of the 12 regular FY2019 appropriations bills:
The departments and agencies funded in the bill include:
Full Summary:
Interior, Environment, Financial Services and General Government, Agriculture, Rural Development, Food and Drug Administration, and Transportation, Housing and Urban Development Appropriations Act, 2019
(Sec. 2) Specifies that, unless this bill expressly provides otherwise, references to "this Act" included in a division refer only to the provisions of that division.
(Sec. 3) Specifies the committee reports that apply for the purpose of implementing each division.
DIVISION A--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
Department of the Interior, Environment, and Related Agencies Appropriations Act, 2019
This division provides FY2019 appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies.
The division provides annual appropriations for most of the Department of the Interior, including:
Related agencies funded in the division include:
TITLE I--DEPARTMENT OF THE INTERIOR
Provides appropriations to the Bureau of Land Management (BLM) for:
Prohibits appropriations provided by this division from being used for the destruction of healthy, unadopted, wild horses and burros in the care of the BLM or its contractors or for the sale of wild horses and burros that results in their destruction for processing into commercial products.
Provides appropriations to the U.S. Fish and Wildlife Service (USFWS) for:
Provides appropriations to the National Park Service (NPS) for:
Allows certain franchise fees to be available for expenditure without further appropriation for use at any unit within the NPS to extinguish or reduce liability for a possessory interest or leasehold surrender interest.
Permits the NPS to retain specified funds authorized to be disbursed under the Gulf of Mexico Energy Security Act of 2006 for the costs of administration of the Land and Water Conservation Fund grants authorized by the Act.
Permits NPS funds to be transferred to the Federal Highway Administration for the Federal Lands Access Program, which was established to improve transportation facilities that provide access to, are adjacent to, or are located within federal lands.
Provides appropriations to the U.S. Geological Survey for Surveys, Investigations, and Research.
Provides appropriations to the Bureau of Ocean Energy Management for Ocean Energy Management.
Provides appropriations to the Bureau of Safety and Environmental Enforcement for: (1) Offshore Safety and Environmental Enforcement, and (2) Oil Spill Research.
Provides appropriations to the Office of Surface Mining Reclamation and Enforcement for: (1) Regulation and Technology, and (2) the Abandoned Mine Reclamation Fund.
Provides appropriations to the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE) for:
Permits the BIA to contract for services for the Power Division of the San Carlos Irrigation Project.
Limits the use of funds for contracts, grants, compacts, or cooperative agreements with the BIA under the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994.
Permits tribes to return appropriated funds without diminishing the federal government's trust responsibilities, the government-to-government relationship with the tribe, or the tribe's ability to access future appropriations.
Prohibits the use of BIE funds, other than funds provided for assistance to public schools, for the operation of elementary or secondary schools in Alaska.
Limits the number of schools and the expansion of grade levels in individual schools in the BIE school system.
Specifies the formula to be used to distribute indirect and administrative costs to certain tribes.
Prohibits funds provided by this division from being used to establish satellite locations of schools in the Bureau school system as of September 1, 1996, with specified exceptions.
Provides appropriations for Departmental Offices, including:
Provides appropriations for Department-Wide Programs, including:
Permits the Working Capital Fund to be used to acquire aircraft by donation, purchase or through available excess surplus property. Permits existing aircraft being replaced to be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft.
(Sec. 101) Permits the transfer of funds within bureaus and offices for specified emergencies when all other emergency funds have been exhausted.
(Sec. 102) Provides for the department-wide expenditure or transfer of funds by Interior in the event of specified emergencies.
(Sec. 103) Permits Interior to use appropriations provided in this title for:
(Sec. 104) Permits the transfer of funds between the BIA, the BIE, and the Office of the Special Trustee for American Indians for Indian trust management and reform activities, provided that total funding for historical accounting activities does not exceed funding provided by this division for that purpose.
(Sec. 105) Permits Interior to redistribute Tribal Priority Allocation funds, including tribal base funds, to alleviate funding inequities to address identified unmet needs, dual enrollment, overlapping service areas, or inaccurate distribution methodologies. Specifies that no tribe may receive a reduction in Tribal Priority Allocation funds of more than 10% in FY2019, except in the cases of dual enrollment, overlapping service areas, or inaccurate distribution methodologies.
(Sec. 106) Authorizes the acquisition of lands and waters for the purpose of operating and maintaining facilities that support visitors to Ellis, Governors, and Liberty Islands in New Jersey and New York.
(Sec. 107) Requires Interior to collect specified Outer Continental Shelf inspection fees.
(Sec. 108) Permits Interior to transfer funds to implement a reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement, subject to reprogramming guidelines.
(Sec. 109) Permits Interior to enter into multiyear cooperative agreements and contracts with nonprofits and other entities for the long-term care and maintenance of excess wild free roaming horses and burros on private land.
(Sec. 110) Directs the USFWS, in carrying out responsibilities to protect threatened and endangered species of salmon, to implement a system of mass marking of salmonid stocks intended for harvest that are released from federally operated or financed hatcheries.
(Sec. 111) Permits the BIA and the BIE, in carrying out work involving cooperation with state, local, and tribal governments, to record obligations against accounts receivable from the entities, provided that total obligations at the end of the fiscal year do not exceed total budgetary resources.
(Sec. 112) Permits Interior to transfer excess wild horses or burros that have been removed from the public lands to other federal, state, and local agencies for use as work animals. Specifies that any animal transferred loses its status as a wild free-roaming horse or burro. Prohibits any agency receiving the animals from: (1) destroying, selling, or otherwise transferring them in a way that results in their destruction for processing into commercial products; or (2) euthanizing the horses or burros except upon the recommendation of a licensed veterinarian, in cases of severe injury, illness, or advanced age.
(Sec. 113) Permits Interior to make grants to, or enter into cooperative agreements with, certain nonprofit organizations to use the talents of older Americans in Interior programs under the Department of the Interior Experienced Services Program. Specifies requirements for the agreements.
(Sec. 114) Provides FY2019 funding for the Payment in Lieu of Taxes (PILT) program.
(Sec. 115) Prohibits funds from being used to write or issue certain rules for the sage-grouse pursuant to the Endangered Species Act of 1973.
(Sec. 116) Amends the Omnibus Parks and Public Lands Management Act of 1996 to extend the authorities for Interior to make grants or provide assistance for:
(Sec. 117) Requires Interior to report to Congress regarding Interior facilities and related infrastructure damaged by a volcanic eruption covered by a major disaster declared by the President in 2018.
(Sec. 118) Provides additional appropriations to the Bureau of Indian Affairs and Bureau of Indian Education Operation of Indian Programs account for hiring staff for tribal detention facilities, including addressing the needs of newly funded tribal detention facilities. Reduces the appropriations provided by this division for Interior's Working Capital Fund.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
Provides appropriations to the Environmental Protection Agency (EPA) for:
Permits the EPA to award cooperative agreements to Indian tribes or intertribal consortia to carry out the agency's function to implement federal environmental programs required or authorized by law in the absence of an acceptable tribal program.
Permits the EPA to collect and spend pesticide registration service fees.
Permits the EPA to: (1) transfer funds from the Environmental Programs and Management account to other federal agencies to support the Great Lakes Restoration Initiative, and (2) enter into interagency agreements and provide grants to certain entities to support the effort.
Permits specified funds to be used for the construction, alteration, repair, rehabilitation, and renovation of facilities.
Permits the EPA to use funds to make grants to Indian tribes notwithstanding certain provisions of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).
Permits the EPA to use funds provided for Environmental Programs and Management to provide grants to implement the Southeastern New England Watershed Restoration Program.
Permits the EPA to collect and spend fees in accordance with specified provisions of the Solid Waste Disposal Act.
Rescinds specified funds from the State and Tribal Assistance Grants account.
Requires the EPA to use funds provided by this title to implement the recommendations in the EPA Office of Inspector General report titled "Management Weakness Delayed Response to Flint Water Crisis" to ensure clean and safe water compliance under the Safe Drinking Water Act.
TITLE III--RELATED AGENCIES
Provides appropriations to the Department of Agriculture (USDA) for the Office of the Under Secretary for Natural Resources and Environment.
Provides appropriations to USDA for the Forest Service, including for:
Rescinds specified land acquisition funds from projects with cost savings or failed or partially failed projects that had funds returned.
Permits Forest Service appropriations to be used for:
Specifies authorities and requirements for transferring funds to or from the Wildland Fire Management account.
Permits Forest Service appropriations to be used for forest and rangeland research, technical information, and related forestry and natural resources activities in foreign countries.
Permits Forest Service appropriations to be transferred to the BLM for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for surveys to designate the boundaries of the lands.
Prohibits Forest Service appropriations from being transferred using authority provided in several specified statutory provisions.
Prohibits Forest Service appropriations from being reprogrammed except with prior approval of Congress and in accordance with procedures contained in the report accompanying this division.
Limits transfers to the USDA Working Capital Fund and to USDA for Department Reimbursable Programs (commonly referred to as Greenbook charges).
Permits specified funds to be used for projects to be carried out by the Youth Conservation Corps under the authority of the Public Lands Corps Act of 1993.
Permits the Chief of the Forest Service to use specified funds for official reception and representation expenses.
Permits specified funds to be used to provide matching funds to aid conservation projects of the National Forest Foundation and the National Fish and Wildlife Foundation.
Permits funds to be used to provide technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes.
Permits Forest Service appropriations to be used for payments to counties within the Columbia River Gorge National Scenic Area.
Permits Forest Service appropriations to be used to meet the non-federal share requirement included in a provision of the Older Americans Act of 1965 related to the older American community service employment program.
Prohibits the Forest Service from assessing funds for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning.
Permits specified funds to be used to reimburse the USDA Office of the General Counsel for travel and related expenses incurred as a result of assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar non-litigation related matters.
Permits an individual employed under any project funded under title V of the Older Americans Act of 1965 to be considered a federal employee.
Requires the Forest Service to provide quarterly reports to Congress regarding unobligated balances.
Provides appropriations to the Department of Health and Human Services (HHS) for the Indian Health Service (IHS) including:
Provides appropriations to HHS for: (1) the National Institutes of Health for the National Institute of Environmental Health Sciences, and (2) the Agency for Toxic Substances and Disease Registry.
Provides appropriations to Other Related Agencies, including:
TITLE IV--GENERAL PROVISIONS
(Sec. 401) Prohibits funds provided by this division from being used to promote public support or opposition to any legislative proposal before Congress, other than to communicate with Congress as permitted under current law.
(Sec. 402) Prohibits any appropriation contained in this division from remaining available for obligation beyond the current fiscal year unless expressly permitted in this division.
(Sec. 403) Requires specified administrative expenses to be presented in annual budget justifications and approved by Congress.
(Sec. 404) Prohibits funds from being used to accept or process applications for a patent for any mining or mill site claim located under the general mining laws, subject to exceptions.
Requires Interior to report to Congress regarding actions taken by the department under the plan submitted regarding a processing schedule for certain applications for patents that were filed on or before September 30, 1994.
Requires Interior, upon the request of a patent applicant, to allow a qualified third-party contractor to conduct a mineral examination of the mining claims or mill sites contained in a patent application. Specifies that the BLM is responsible for selecting and paying the third-party contractor.
(Sec. 405) Extends limits on the use of FY1994-FY2013 and FY2014 funds for contract support costs on Indian contracts.
(Sec. 406) Limits the use of FY2019 funds for contract support costs on Indian contracts.
(Sec. 407) Permits Forest Service land management plans that are more than 15 years old if USDA is acting in good faith to update the plans.
(Sec. 408) Prohibits funds provided by this division from being used to conduct preleasing, leasing, and related activities under either the Mineral Leasing Act or the Outer Continental Shelf Lands Act within the boundaries of a National Monument, as the boundary existed on January 20, 2001. Includes an exception for activities allowed under the presidential proclamation establishing the monument.
(Sec. 409) Restricts land acquisition funds provided by this division from being used for the filing of declarations of taking or complaints in condemnation without the approval of Congress. Includes an exception for funds provided to implement the Everglades National Park Protection and Expansion Act of 1989, or for Florida to acquire lands for Everglades restoration.
(Sec. 410) Sets forth requirements regarding the sale of timber from a specified region in Alaska.
(Sec. 411) Prohibits no-bid contracts and grants except under certain circumstances where a contract is authorized by federal law or was awarded prior to the date of enactment of this division.
(Sec. 412) Requires agencies receiving funds in this division to post on their public websites any report required to be submitted by Congress if it serves the national interest. Specifies that the requirement does not apply if: (1) the public posting of the report comprises national security, or (2) the report contains proprietary information.
(Sec. 413) Establishes grant guidelines for the NEA.
(Sec. 414) Establishes priorities for programs administered by the NEA.
(Sec. 415) Directs Interior, the EPA, the Forest Service, and the IHS to provide Congress with quarterly reports on the status of balances of appropriations.
(Sec. 416) Prohibits funds from being used to promulgate or implement any regulation requiring the issuance of permits under the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production.
(Sec. 417) Prohibits funds from being used to implement any provision in a rule that requires mandatory reporting of greenhouse gas emissions from manure management systems.
(Sec. 418) Prohibits funds from being used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act or any other law.
(Sec. 419) Amends the Consolidated Appropriations Act, 2012 to extend a provision that permits USDA and Interior, in awarding contracts for certain activities on public lands, to give consideration to certain local contractors who provide employment and training for dislocated and displaced workers in an economically disadvantaged rural community.
(Sec. 420) Extends the authority of the Forest Service to renew certain grazing permits.
(Sec. 421) Prohibits funds provided by this division from being used to maintain or establish a computer network unless the network blocks access to pornography websites. Includes an exception for a law enforcement agency or other entity carrying out criminal investigations, prosecution, or adjudication activities.
(Sec. 422) Amends the Forest Service Facility Realignment and Enhancement Act of 2005 to extend the authority for conveyances of certain Forest Service administrative sites.
(Sec. 423) Prohibits any funds made available by a state water pollution control revolving fund authorized by the Safe Drinking Water Act from being used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States, subject to specified exceptions and waiver procedures.
(Sec. 424) Prohibits funds provided by this division from being used to destroy any buildings or structures on Midway Island that have been recommended by the U.S Navy for inclusion in the National Register of Historic Places.
(Sec. 425) Amends the John F. Kennedy Center Act to authorize FY2019 appropriations for the John F. Kennedy Center for the Performing Arts.
(Sec. 426) Authorizes Interior to: (1) enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices; and (2) transfer title to excess Interior firefighting equipment to the organizations.
(Sec. 427) Provides additional appropriations to the EPA for:
(Sec. 428) Requires the Department of Energy (DOE), the Department of Agriculture (USDA), and the EPA to jointly ensure that federal policy relating to forest bioenergy: (1) is consistent across all department and agencies, and (2) recognizes the full benefits of the use of forest biomass for energy, conservation, and responsible forest management.
Requires DOE, USDA, and the EPA to establish clear and simple policies for the use of forest biomass as an energy solution, including policies that:
(Sec. 429) Prohibits the EPA from using funds to require a permit under the Clean Water Act for the discharge of dredged or fill material for certain agricultural activities.
(Sec. 430) Prohibits funds provided by this division from being used to implement or enforce certain EPA regulations for commercial and industrial solid waste incineration units with respect to small remote incinerators located in Alaska.
(Sec. 431) Amends the Federal Lands Recreation Enhancement Act to extend the authority of federal agencies to establish, collect, and retain fees on federal recreational lands and waters.
(Sec. 432) Prohibits specified agencies from using funds provided by this division to acquire telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation or a high-impact or moderate-impact information system unless the agency acquiring the system meets certain requirements for reviews, assessments, reports, and mitigation strategies for risks.
(Sec. 433) Requires the Government Accountability Office to report to Congress on efforts by the Department of Housing and Urban Development and the EPA relating to the removal of lead-based paint and other hazardous materials.
(Sec. 434) Requires the Forest Service to conduct and submit to Congress an inventory and evaluation of land depicted on the map titled "Flatside Wilderness Adjacent Inventory Areas" and dated November 30, 2017, to determine the suitability of the land for inclusion in the National Wilderness Preservation System.
(Sec. 435) Requires HHS to use funds provided for the Agency for Toxic Substances and Disease Registry to report to Congress on the geographic variation in pediatric cancer incidence in the United States.
Permits HHS to use specified funds to conduct public outreach activities to improve awareness of possible contributing factors to pediatric cancer.
Requires HHS to ensure that all patient information in the reports under this section is de-identified and protects personal privacy of the patients in accordance with privacy laws.
DIVISION B--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2019
Financial Services and General Government Appropriations Act, 2019
This division provides FY2019 appropriations to agencies responsible for:
TITLE I--DEPARTMENT OF THE TREASURY
Department of the Treasury Appropriations Act, 2019
Provides appropriations to the Department of the Treasury for Departmental Offices, including:
Provides appropriations to Treasury for:
Provides appropriations to the Internal Revenue Service (IRS) for:
(Sec. 101) Permits up to 5% of any IRS appropriation provided by this division to be transferred to any other IRS appropriation upon the advance approval of Congress.
(Sec. 102) Requires the IRS to maintain an employee training program that includes taxpayers' rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the impartial application of tax law.
(Sec. 103) Requires the IRS to institute and enforce policies and procedures to safeguard the confidentiality of taxpayers' information and protect taxpayers against identity theft.
(Sec. 104) Makes funds available for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers. Requires the IRS to continue to make improvements to the help line service a priority and allocate resources necessary to enhance the response time to taxpayer communications, particularly with regard to victims of tax-related crimes.
(Sec. 105) Prohibits the IRS from using funds provided by this division to make a video unless it is approved in advance by the Service-Wide Video Editorial Board.
(Sec. 106) Requires the IRS to: (1) issue a notice of confirmation of any address changes relating to an employer making employment tax payments, and (2) give special consideration to an offer-in-compromise from a taxpayer who has been the victim of fraud by a third party payroll tax preparer.
(Sec. 107) Prohibits the IRS from using funds provided by this division to target U.S. citizens for exercising any rights guaranteed under the First Amendment to the U.S. Constitution.
(Sec. 108) Prohibits the IRS from using funds provided by this division to target groups for regulatory scrutiny based on their ideological beliefs.
(Sec. 109) Requires the IRS to comply with certain procedures and policies for conference spending that were recommended by the Treasury Inspector General for Tax Administration.
(Sec. 110) Prohibits the IRS from using funds provided by this division for providing employee bonuses or hiring former employees without considering conduct and federal tax compliance.
(Sec. 111) Prohibits the IRS from using funds provided by this division to violate the confidentiality of tax returns and return information.
(Sec. 112) Prohibits the IRS from using funds, except to the extent permitted under specified sections of the Internal Revenue Code (IRC), to provide to any person a proposed final return or statement for use in satisfying a filing or reporting requirement under the IRC.
(Sec. 113) Provides additional appropriations to the IRS to be remain available through FY2020 for carrying out P.L. 115-97 (commonly known as the Tax Cuts and Jobs Act).
(Sec. 114) Permits Treasury to use funds provided by this division for:
(Sec. 115) Permits certain transfers between Treasury accounts, subject to congressional approval and specified requirements.
(Sec. 116) Permits the IRS to transfer certain funds to the Treasury Inspector General for Tax Administration, subject to congressional approval and specified requirements.
(Sec. 117) Bars Treasury or the Bureau of Engraving and Printing from using funds to redesign the $1 Federal Reserve note.
(Sec. 118) Permits Treasury to transfer funds from Bureau of Fiscal Services--Salaries and Expenses to the Debt Collection Fund to cover the costs of debt collection. Requires the transferred amounts to be reimbursed from debt collections received in the fund.
(Sec. 119) Prohibits the U.S. Mint from using funds to construct or operate any museum without congressional approval.
(Sec. 120) Prohibits funds from being used to merge the U.S. Mint and the Bureau of Engraving and Printing without congressional approval.
(Sec. 121) Deems funds provided for Treasury's intelligence or intelligence-related activities as authorized for FY2019 until the enactment of the Intelligence Authorization Act for FY2019.
(Sec. 122) Permits up to $5,000 to be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for official reception and representation expenses.
(Sec. 123) Requires Treasury to submit a capital investment plan to Congress.
(Sec. 124) Requires Treasury to report to Congress on the Franchise Fund.
(Sec. 125) Prohibits Treasury from using funds for certain regulations, revenue rulings, or other guidance related to the standard used to determine the tax-exempt status of a 501(c)(4) organization.
(Sec. 126) Requires the Office of Financial Stability and the Office of Financial Research to report quarterly to Congress on their activities.
(Sec. 127) Permits the Office of Terrorism and Financial Intelligence to reimburse the Departmental Office--Salaries and Expenses account for reception and representation expenses to support the Financial Action Task Force.
(Sec. 128) Permits the Bureau of Engraving and Printing Fund to be used for the acquisition of necessary land for, and construction of, a replacement currency production facility.
(Sec. 129) Requires the Financial Crimes Enforcement Network and the appropriate divisions of Treasury to report to Congress on Geographic Targeting Orders issued since 2016. (Geographic targeting orders impose certain additional recordkeeping and reporting requirements on one or more domestic financial institutions or nonfinancial trades or businesses in a geographic area.)
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT
Executive Office of the President Appropriations Act, 2019
Provides FY2019 appropriations to the Executive Office of the President and designated accounts, including:
(Sec. 201) Permits certain transfers of funds between accounts within the Executive Office of the President, subject to congressional approval and specified requirements.
(Sec. 202) Requires the OMB to include a statement of budgetary impact with certain executive orders or Presidential memoranda issued or revoked by the President during FY2019.
TITLE III--THE JUDICIARY
Judiciary Appropriations Act, 2019
Provides FY2019 appropriations to the judiciary for:
(Sec. 301) Permits funds provided by this title for salaries and expenses to be used for the employment of temporary or intermittent experts and consultants.
(Sec. 302) Permits certain transfers of funds between judiciary accounts, if Congress is notified and other specified requirements are met.
(Sec. 303) Permits up to $11,000 of appropriations provided for salaries and expenses for Courts of Appeals, District Courts, and Other Judicial Services to be used for official reception and representation expenses of the Judicial Conference of the United States.
(Sec. 304) Permits the delegation of authority to the judiciary for contracts for repairs that are under $100,000.
(Sec. 305) Continues a pilot program for the U.S. Marshals Service to provide perimeter security services at selected courthouses.
(Sec. 306) Extends several temporary judgeships.
TITLE IV--DISTRICT OF COLUMBIA
District of Columbia Appropriations Act, 2019
Provides FY2019 appropriations to DC, including federal payments for:
Provides local funds for the operation of DC out of the General Fund of the District of Columbia.
TITLE V--INDEPENDENT AGENCIES
Provides appropriations for independent agencies, including:
Requires the U.S. Postal Service to continue six day delivery and rural delivery of the mail at not less than the 1983 level.
(Sec. 501) Prohibits the CPSC from using funds provided by this division to finalize, implement, or enforce the proposed Safety Standard for Recreational Off-Highway Vehicles until the National Academy of Sciences completes a specified study and the results are submitted to Congress.
(Sec. 510) Prohibits the FCC from using funds provided by this division to change the rules for universal service support payments to implement recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions.
(Sec. 520) Permits the GSA to use funds to hire passenger motor vehicles.
(Sec. 521) Permits funds in the Federal Buildings Fund made available for FY2019 to be transferred between activities if necessary to meet program requirements, subject to congressional approval.
(Sec. 522) Requires the FY2020 budget request for U.S. Courthouse construction to: (1) meet specified design guide standards for construction; (2) reflect the priorities of the Judicial Conference of the United States as set out in its approved Courthouse Project Priorities plan; and (3) include a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded.
(Sec. 523) Prohibits funds provided by this division from being used to increase square footage, provide cleaning services or security enhancements, or provide any other service usually provided through the Federal Buildings Fund for any agency that does not pay the assessed rent.
(Sec. 524) Permits the GSA to use specified funds to pay claims against the federal government that are under $250,000 and arise from direct construction projects and building acquisitions if Congress is notified in advance.
(Sec. 525) Requires the GSA, if specified congressional committees adopt a resolution granting lease authority pursuant to a prospectus, to ensure that the delineated area of procurement matches the prospectus.
(Sec. 526) Requires the GSA to submit a spending plan and explanation to Congress for each project funded with the Major Repairs and Alterations or Judiciary Capital Security Program accounts and E-Government projects funded with the Federal Citizens Services Fund.
(Sec. 530) Permits the SBA to transfer specified funds between appropriations accounts.
(Sec. 531) Prohibits SBA funds provided by this division from being used for a company: (1) that is headquartered in China; or (2) for which more than 25% of the voting stock of the company is owned by affiliates that are citizens of China.
(Sec. 532) Requires the SBA to study whether the provision of matchmaking services that link veteran entrepreneurs to business leads in industry sectors or geographic regions would enhance existing SBA veterans entrepreneurship programs.
(Sec. 533) Requires the SBA to:
TITLE VI--GENERAL PROVISIONS--THIS ACT
(Sec. 601) Prohibits funds provided by this division from being used to pay expenses or otherwise compensate non-federal parties intervening in regulatory or adjudicatory proceedings funded in this division.
(Sec. 602) Prohibits funds provided by this division from being obligated beyond the current fiscal year or transferred to other appropriations unless authority is expressly provided by this division.
(Sec. 603) Limits expenditures for consulting services to contracts where expenditures are a matter of public record, except where otherwise permitted under existing law or an executive order.
(Sec. 604) Prohibits funds provided by this division from being transferred to any department, agency, or instrumentality of the U.S. government, except pursuant to transfer authority provided by an appropriations Act.
(Sec. 605) Requires enforcement of a Tariff Act of 1930 provision barring the importation of goods manufactured using convict labor.
(Sec. 606) Requires entities receiving funds provided by this division to comply with the Buy American Act.
(Sec. 607) Prohibits the use of funds provided by this division by any person or entity convicted of violating the Buy American Act.
(Sec. 608) Provides authority, restrictions, and requirements for reprogramming. Requires agencies funded in this division to submit to Congress a report establishing a baseline for the application of reprogramming and transfer authorities.
(Sec. 609) Permits up to 50% of unobligated balances remaining at the end of FY2019 for salaries and expenses to remain available through FY2020, subject to reprogramming guidelines and congressional approval.
(Sec. 610) Prohibits the Executive Office of the President from using funds provided by this division to request either a Federal Bureau of Investigation background investigation or an IRS determination of tax-exempt status under section 501(a) of the Internal Revenue Code, except with the consent of the individual involved in an investigation or in extraordinary circumstances involving national security.
(Sec. 611) Makes certain cost accounting standards inapplicable to contracts under the Federal Employees Health Benefits Program.
(Sec. 612) Permits the OPM to accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an appropriations Act) funds provided to resolve litigation and implement any settlement agreements regarding the nonforeign area cost-of-living allowance program.
(Sec. 613) Prohibits funds provided by this division from being used to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal Employees Health Benefits Program that provides any benefits or coverage for abortions.
(Sec. 614) Provides exceptions to the prohibition in section 613 if the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest.
(Sec. 615) Waives Buy American Act restrictions for commercial information technology acquired by the federal government.
(Sec. 616) Prohibits an officer or employee of any regulatory agency or commission funded by this division from accepting payments or reimbursements for travel, subsistence, or related expenses from a person or entity regulated by the agency or commission, subject to an exception for nonprofit tax-exempt organizations.
(Sec. 617) Permits the Commodity Futures Trading Commission and the Securities and Exchange Commission to use funds for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues.
(Sec. 618) Requires agencies covered by this division to consult with the GSA before seeking new office space or making alterations to existing office space. Permits any agency with authority to enter into an emergency lease to do so during any period declared by the President to require emergency leasing authority.
(Sec. 619) Provides funds required under current law for:
(Sec. 620) Permits the Public Company Accounting Oversight Board to obligate specified funds to remain available until expended for the scholarship program established by the Sarbanes-Oxley Act of 2002.
(Sec. 621) Prohibits the FTC from using funds provided by this division to complete the draft report titled "Interagency Working Group on Food Marketed to Children: Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts" unless the working group complies with Executive Order 13563 (Improving Regulation and Regulatory Review).
(Sec. 622) Prohibits the OPM from using funds provided by this division to permit contractor security clearance-related background investigators to conduct final quality reviews of their own work.
(Sec. 623) Requires agencies funded by this division to ensure that the Chief Information Officer of the agency has the authority to participate in budgeting decisions related to information technology. Requires funding for information technology to be allocated consistent with guidance provided by appropriations Acts, OMB, and the agency's Chief Information Officer.
(Sec. 624) Prohibits funds provided by this division from being used in contravention of the Federal Records Act.
(Sec. 625) Prohibits funds provided by this division from being used to require providers of electronic communication or remote computing services to the public to disclose electronic communications information in a manner that violates the Fourth Amendment of the U.S. Constitution.
(Sec. 626) Prohibits the FCC from making modifications to Universal Service Fund rules related to Mobility Fund Phase II.
(Sec. 627) Requires departments and agencies funded by this division to provide an Inspector General (IG) funded by this division with timely access to records, documents, or other materials available to the department or agency over which the IG has responsibility. Requires each IG to comply with specified statutory limitations on disclosure of the information provided.
(Sec. 628) Prohibits funds provided by this division from being used to maintain or establish a computer network unless the network blocks pornography. Includes an exception for a law enforcement agency or other entity carrying out criminal investigations, prosecution, adjudication activities, or other law enforcement- or victim assistance-related activity.
(Sec. 629) Prohibits the SEC from using funds provided by this division for any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax-exempt organizations, or dues paid to trade associations.
(Sec. 630) Prohibits funds provided by this division from being used to pay award or incentive fees for contractors whose performance is below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract unless specified requirements are met.
(Sec. 631) Specifies restrictions and congressional notification requirements for spending on conferences.
(Sec. 632) Prohibits funds provided by this division from being used to acquire telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation or a high-impact or moderate-impact information system unless the agency acquiring the system meets certain requirements for reviews, assessments, reports, and mitigation strategies for risks.
(Sec. 633) Prohibits funds provided by this division from being used for airline accommodations for any officer or employee in the executive branch that are not coach-class accommodations.
(Sec. 634) Requires the Government Accountability Office to: (1) examine the financial impact of the mineral pyrrhotite in concrete home foundations; and (2) recommend regulatory and legislative actions needed to help mitigate the financial impact on banks, mortgage lenders, tax revenues, and homeowners.
TITLE VII--GENERAL PROVISIONS--GOVERNMENT-WIDE
(Sec. 701) Requires U.S. departments, agencies, or instrumentalities to administer a written policy designed to ensure that workplaces are free from the illegal use, possession, or distribution of controlled substances by officers and employees.
(Sec. 702) Establishes price limitations on vehicles purchased by the federal government and specifies exceptions.
(Sec. 703) Permits appropriations for the current fiscal year to be used for quarters and cost-of-living allowances.
(Sec. 704) Prohibits the employment of noncitizens whose posts of duty would be in the continental United States, subject to specified exceptions.
(Sec. 705) Permits appropriations provided to any department or agency for necessary expenses such as maintenance and operating expenses to be used for payments to the GSA for space renovation and other services.
(Sec. 706) Permits agencies to use receipts from the sale of materials through recycling or waste prevention programs for: (1) acquisition, waste reduction and prevention, and recycling programs; (2) other federal agency environmental management programs; and (3) other employee programs as authorized by law or as deemed appropriate by the agency.
(Sec. 707) Permits funds provided to certain government corporations and agencies for administrative expenses to be used to pay rent and other service costs in DC.
(Sec. 708) Prohibits interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups absent prior statutory approval.
(Sec. 709) Prohibits funds from being used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution.
(Sec. 710) Prohibits spending more than $5,000 to redecorate or furnish the office of the head of a department or agency during the period in which the official holds office unless Congress is notified in advance.
(Sec. 711) Permits interagency funding of national security and emergency preparedness telecommunications initiatives that benefit multiple federal departments, agencies, or entities.
(Sec. 712) Requires agencies to certify that certain appointments were not created solely or primarily to detail an individual to the White House. Includes an exception for federal employees or members of the Armed Forces detailed to or from an element of the intelligence community.
(Sec. 713) Prohibits the use of funds to prevent federal employees from communicating with Congress or to take disciplinary or personnel actions against employees for communicating with Congress.
(Sec. 714) Prohibits funds from being used for training that is not directly related to the performance of official duties.
(Sec. 715) Prohibits an agency of the executive branch from using funds for publicity or propaganda purposes and for the preparation or distribution of materials designed to support or defeat legislation pending before Congress.
(Sec. 716) Prohibits an agency from providing a federal employee's home address to any labor organization absent employee authorization or a court order.
(Sec. 717) Prohibits funds from being used to provide any non-public information such as mailing, telephone, or electronic mailing lists to any person or organization outside the federal government without approval of Congress.
(Sec. 718) Prohibits funds from being used for propaganda and publicity purposes within the United States not authorized by Congress.
(Sec. 719) Directs agency employees to use official time in an honest effort to perform official duties. Specifies that employees not under a leave system are obligated to expend an honest effort and a reasonable proportion of their time to perform official duties.
(Sec. 720) Permits agencies that are members of the Federal Accounting Standards Advisory Board (FASB) to use funds provided for the current fiscal year to finance an appropriate share of FASB administrative costs.
(Sec. 721) Permits agencies to transfer funds to the GSA to support specified government-wide and multiagency activities that meet certain requirements and are approved by the OMB.
(Sec. 722) Permits breastfeeding at any location in a federal building or on federal property if the woman and child are authorized to be there.
(Sec. 723) Permits interagency funding of the National Science and Technology Council and requires the OMB to provide a report describing the budget and resources connected with the council.
(Sec. 724) Requires documents involving the distribution of federal funds to indicate the agency providing the funds and the amount provided.
(Sec. 725) Prohibits the use of funds to monitor personal information relating to the use of federal Internet sites, subject to specified exceptions.
(Sec. 726) Prohibits the use of funds provided by this division for health plans with prescription drug coverage unless contraceptive coverage is included. Includes exemptions for certain religious plans. Prohibits plans from discriminating against individuals who refuse to provide contraceptives due to religious beliefs or moral convictions.
(Sec. 727) Specifies that the United States is committed to ensuring the health of its Olympic, Pan American, and Paralympic athletes and supports the strict adherence to anti-doping in sports through testing, adjudication, education, and research.
(Sec. 728) Permits federal agencies and departments to use funds appropriated for official travel to participate in the fractional aircraft ownership pilot program, if consistent with OMB Circular A-126 regarding official travel for government personnel.
(Sec. 729) Prohibits funds from being used to implement OPM regulations limiting executive branch detailees to the legislative branch or to implement limitations on the Coast Guard Congressional Fellowship Program.
(Sec. 730) Prohibits agencies from using funds for additional law enforcement training facilities that are not within or contiguous to existing locations without the approval of Congress. Permits the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities for training which cannot be accommodated in existing facilities.
(Sec. 731) Prohibits agencies from using funds to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a notification that it was prepared or funded by the agency.
(Sec. 732) Prohibits the use of funds in contravention of the Privacy Act or associated regulations.
(Sec. 733) Prohibits the use of funds for contracts with any foreign incorporated entity which is an inverted domestic corporation. Requires a waiver if necessary for national security. Exempts contracts entered into prior to enactment of this division.
(Sec. 734) Requires agencies to pay a fee to the OPM for processing retirements of employees who separate under Voluntary Early Retirement Authority or receive Voluntary Separation Incentive Payments.
(Sec. 735) Bars the use of funds to recommend or require any entity submitting an offer for a federal contract to disclose specified political contributions as a condition of submitting the offer.
(Sec. 736) Bars the use of funds for the painting of portraits of a federal officer or employee, including the President, the Vice President, a Member of Congress, or the head of an executive branch agency or legislative branch office.
(Sec. 737) Limits pay increases for certain categories of prevailing rate employees.
(Sec. 738) Eliminates automatic pay increases for the Vice President and certain categories of political appointees.
(Sec. 739) Requires agencies to submit annual reports to Inspectors General or senior ethics officials regarding the costs and contracting procedures for conferences that cost more than $100,000.
(Sec. 740) Prohibits the use of funds to increase, eliminate, or reduce funding for a program, project, or activity, unless the changes have been enacted into law or made using transfer or reprogramming authority provided in an appropriations Act.
(Sec. 741) Prohibits funds from being used for an OPM rule revising the definition of competitive area used in reductions-in-force for federal employees.
(Sec. 742) Prohibits funds from being used to begin or announce a study or public-private competition regarding the conversion of functions performed by federal employees to contractor performance.
(Sec. 743) Prohibits funds from being used to require contractors or employees to sign confidentiality agreements or statements restricting or prohibiting the reporting of waste, fraud, or abuse to investigative or law enforcement representatives.
(Sec. 744) Prohibits the use of funds to implement or enforce a nondisclosure agreement unless it meets specified criteria.
(Sec. 745) Prohibits the use of funds for specified transactions with any corporation with certain unpaid federal tax liabilities, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.
(Sec. 746) Prohibits the use of funds for specified transactions with any corporation that was convicted of a felony within the preceding 24 months, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.
(Sec. 747) Requires the Consumer Financial Protection Bureau to notify Congress of any request for a transfer of funds from the Federal Reserve Board.
(Sec. 748) Requires the Office of Management and Budget to make specified adjustments to discretionary spending limits to account for estimating differences with the Congressional Budget Office.
(Sec. 749) Provides a pay increase for federal employees.
(Sec. 750) Specifies that a reference to "this Act" does not apply to titles IV (District of Columbia) or VIII (General Provisions--District of Columbia) unless it is included in those titles or expressly provided for in this division.
TITLE VIII--GENERAL PROVISIONS--DISTRICT OF COLUMBIA
Sets forth permitted and prohibited uses of funds appropriated by this division for DC.
(Sec. 801) Appropriates DC funds for making refunds and paying settlements or judgments against the DC government.
(Sec. 802) Prohibits the use of federal funds provided by this division for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any state legislature.
(Sec. 803) Establishes reprogramming procedures for federal and local funds.
(Sec. 804) Prohibits the use of federal funds for the salaries and expenses of shadow U.S. Representatives or Senators.
(Sec. 805) Requires official vehicles provided to any DC officer or employee to be used only for official duties.
(Sec. 806) Prohibits the use of federal funds for a petition drive or civil action seeking voting representation in Congress for DC.
(Sec. 807) Prohibits the use of federal funds provided by this division to distribute needles or syringes for preventing the spread of blood borne pathogens in any location that local public health or law enforcement authorities have determined to be inappropriate for distribution.
(Sec. 808) Specifies that nothing in this division prevents the DC Council or Mayor from addressing contraceptive coverage by health insurance plans. Expresses the intent of Congress that legislation enacted on the issue should include a conscience clause providing exceptions for religious beliefs and moral convictions.
(Sec. 809) Prohibits the use of federal funds provided by this division to legalize or otherwise reduce penalties for the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative (THC, the psychoactive component of marijuana).
Prohibits funds available to the DC government under any authority from being used to legalize or reduce penalties for possession, use, or distribution of any schedule I substance under the Controlled Substance Act or any tetrahydrocannabinols derivative (THC, the psychoactive component of marijuana) for recreational purposes.
(Sec. 810) Prohibits funds available to the DC government under any authority from being used for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of rape or incest.
(Sec. 811) Requires the DC Chief Financial Officer (CFO) to submit to Congress, the Mayor, and the Council a revised operating budget for agencies requiring a reallocation to address unanticipated changes in program requirements.
(Sec. 812) Requires the CFO to submit to Congress, the Mayor, and the Council a revised operating budget for the DC Public Schools that aligns the school budget to actual enrollment.
(Sec. 813) Permits DC to reprogram or transfer funds between operating funds and capital and enterprise funds. Prohibits the transfer of any funds derived from bonds, notes, or other obligations issued for capital projects.
(Sec. 814) Prohibits federal funds from being obligated beyond the current fiscal year or transferred unless expressly permitted in this division.
(Sec. 815) Permits up to 50% of unobligated balances available at the end of FY2019 from federal appropriations for salaries and expenses to remain available through FY2020, subject to congressional approval and reprogramming guidelines.
(Sec. 816) Appropriates local funds to DC for FY2020 if no continuing resolution or regular appropriation for DC is in effect. Provides the funds under the same authorities, conditions, and manner as provided for FY2019.
(Sec. 817) Provides that references to "this Act" in this title or title IV (District of Columbia) refer only to those titles, unless this Act expressly provides otherwise.
DIVISION C--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019
This division provides FY2019 appropriations for the Department of Agriculture (USDA), except for the Forest Service, which is included in division A (Department of the Interior, Environment, and Related Agencies Appropriations Act, 2019) of this bill.
It also provides appropriations for the Food and Drug Administration (FDA) and the Farm Credit Administration.
The division includes both discretionary and mandatory funding. The mandatory funding levels are generally set by authorizing legislation such as the farm bill and are frequently limited in the agriculture appropriations bill.
TITLE I--AGRICULTURAL PROGRAMS
Provides appropriations for the following agricultural programs and services:
TITLE II--FARM PRODUCTION AND CONSERVATION PROGRAMS
Provides appropriations for Farm Production and Conservation programs, including:
Provides appropriations for: (1) the Federal Crop Insurance Corporation Fund, and (2) the Commodity Credit Corporation Fund.
TITLE III--RURAL DEVELOPMENT PROGRAMS
Provides appropriations for Rural Development Programs including:
TITLE IV--DOMESTIC FOOD PROGRAMS
Provides appropriations for the Office of the Under Secretary for Food, Nutrition, and Consumer Services.
Provides appropriations to the Food and Nutrition Service for:
TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS
Provides appropriations to the Office of the Under Secretary for Trade and Foreign Agricultural Affairs.
Provides appropriations for the Foreign Agricultural Service, including:
TITLE VI--RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Provides appropriations to:
TITLE VII--GENERAL PROVISIONS
(Sec. 701) Permits USDA to use funds provided by this division for the purchase, replacement, and hire of passenger motor vehicles.
(Sec. 702) Permits USDA to transfer unobligated balances to the Working Capital Fund for the acquisition of plant and capital equipment for financial, administrative, and information technology services. Permits the transferred funds to remain available until expended and specifies restrictions on the use of the funds.
(Sec. 703) Prohibits appropriations provided by this division from remaining available for obligation beyond the current fiscal year unless the division expressly provides otherwise.
(Sec. 704) Limits negotiated indirect costs on cooperative agreements between USDA and nonprofit institutions to 10% of the total direct cost of the agreement when the purpose of the agreement is to carry out programs of mutual interest between the two parties.
(Sec. 705) Permits appropriations for direct and guaranteed loans to remain available until expended to disburse obligations made in the current fiscal year for: (1) the Rural Development Loan Fund program account, (2) the Rural Electrification and Telecommunication Loans program account, and (3) the Rural Housing Insurance Fund program account.
(Sec. 706) Prohibits USDA from using funds provided by this division to acquire new information technology systems or significant upgrades without approval of the Chief Information Officer (CIO) and the Executive Information Technology Investment Review Board. Restricts the transfer of funds made available by this division to the CIO without prior approval of Congress. Prohibits funds from being used for specified information technology projects without the approval of the CIO.
(Sec. 707) Permits specified funds provided under the Federal Crop Insurance Act for the Agricultural Management Assistance Program in the current fiscal year to remain available until expended to disburse obligations made in the current fiscal year.
(Sec. 708) Makes a former Rural Utility Service borrower who has repaid or prepaid a loan under the Rural Electrification Act of 1936 or any not-for-profit utility qualified to receive a loan under the Act eligible for rural economic development and job creation assistance in the same manner as a borrower.
(Sec. 709) Permits specified unobligated balances of appropriations provided by this division for salaries and expenses of the Farm Service Agency and the Rural Development mission area to remain available through FY2020 for information technology expenses.
(Sec. 710) Prohibits funds provided by this division from being used for first-class travel by employees of agencies funded by this division in contravention of specified regulations.
(Sec. 711) Provides that Commodity Credit Corporation funds authorized or required to be used for specified programs included in the Agricultural Act of 2014: (1) shall be available for salaries and administrative expenses associated with the programs without regard to allotment and transfer limits, and (2) shall not be considered to be a fund transfer or allotment for purposes of applying the limits.
(Sec. 712) Limits funds available for USDA advisory committees, panels, commissions, and task forces, except for panels used to comply with negotiated rulemakings or to evaluate competitively awarded grants.
(Sec. 713) Prohibits funds provided by this division from being used to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture (NIFA) that exceed 30% of total federal funds provided under each award.
Permits funds provided by this division for grants awarded competitively by NIFA to be used to pay full allowable indirect costs for specified research and development grants awarded under the Small Business Act.
(Sec. 714) Prohibits funds provided by this division from being used for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.
(Sec. 715) Limits the amount of Section 32 funds that may be used for certain domestic food assistance programs, including:
(Section 32 is a program created to assist producers of agricultural commodities not supported by other mandatory farm support programs. It is funded by a permanent appropriation of a portion of the previous year's customs receipts less certain mandatory transfers to child nutrition and other programs.)
Prohibits the use of Section 32 funds to reestablish farmers' purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. Includes an exception for a limited amount of carryover funds.
(Sec. 716) Prohibits funds from being used to prepare proposals for the President's budget that assume savings from certain user fee proposals without identifying additional spending reductions that should occur if the proposals are not enacted.
(Sec. 717) Sets forth procedures, requirements, and restrictions for reprogramming and transferring funds provided by this division.
(Sec. 718) Permits USDA to assess a one-time fee for any guaranteed business and industry loan and limits the fee to 3% of the guaranteed principal portion of the loan.
(Sec. 719) Prohibits funds from being used to provide reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to anyone not employed by USDA, the Department of Health and Human Services, or the Farm Credit Administration.
(Sec. 720) Prohibits any executive branch agency from using funds provided by this division to produce a prepackaged news story for U.S. broadcast or distribution unless the story includes a clear notification that it was prepared or funded by the agency.
(Sec. 721) Prohibits USDA employees from being detailed or assigned from an agency funded by this division to any other USDA agency or office for more than 60 days in a fiscal year unless the individual's employing agency is reimbursed by the receiving agency for the salary and expenses of the employee.
(Sec. 722) Provides appropriations for a pilot program to provide competitive grants to state departments of agriculture, state cooperative extension services, and nonprofit organizations to carry out programs to address farmer stress and suicide.
(Sec. 723) Directs the agencies funded by this division to submit spending plans to Congress.
(Sec. 724) Rescinds specified unobligated balances from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
(Sec. 725) Requires USDA to continue an intermediary loan packaging program based on the FY2013 pilot program for packaging and reviewing section 502 single family direct loans. (The loan program assists low-income applicants in purchasing homes in rural areas. Funds may also be used to build, repair, or renovate a house, including providing water and sewage facilities.)
(Sec. 726) Permits USDA to increase the program level by up to 25% for certain loans and loan guarantees that do not require budget authority and have program levels established by this division. Requires congressional notification prior to implementing any increase.
(Sec. 727) Provides that certain credit card refunds or rebates transferred to the Working Capital Fund: (1) shall not be available for obligation without congressional approval; and (2) shall only be available for the acquisition of plant and capital equipment for USDA financial, administrative, and information technology services.
(Sec. 728) Prohibits funds provided by this division from be used for the variety requirements of the final USDA rule titled "Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)" until USDA amends the definition of "variety" to increase the number of items that qualify as acceptable varieties in each staple food category so that the total number of such items in each staple food category exceeds the number of such items in each staple food category included in the final rule.
Specifies that, until the amendments are promulgated, USDA must apply the requirements regarding acceptable varieties and breadth of stock to SNAP retailers that were in effect on the day before the enactment of the Agricultural Act of 2014.
(Sec. 729) Prohibits funds provided by this division from being used: (1) in contravention of a provision of the Agricultural Act of 2014 that permits an institution of higher education or a state department of agriculture to grow or cultivate industrial hemp for research purposes; or (2) to prohibit the transportation, processing, sale, or use of industrial hemp or seeds of such plant, that is grown or cultivated in accordance with the Agricultural Act of 2014, within or outside the state in which it is grown or cultivated.
(Sec. 730) Specifies the matching requirements that apply to funds appropriated for the Agriculture and Food Research Initiative.
(Sec. 731) Sets forth the authorities that apply for USDA to provide loans for housing and buildings on adequate farms.
(Sec. 732) Prohibits funds provided by this division from being used for regulations to allow or require information intended for a prescribing health care professional, in the case of a drug or biological product, to be distributed electronically (in lieu of in paper form) until a federal law is enacted to allow or require electronic distribution.
(Sec. 733) Prohibits the FDA from acknowledging applications for an exemption for investigational use of a drug or biological product in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Provides that any submission is deemed not to have been received, and the exemption may not go into effect.
(Sec. 734) Prohibits funds from being used to carry out provisions of the final FDA rule titled "Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Food for Animals" with respect to certain requirements that apply to the production, distribution, sale, or receipt of dried spent grain by-products of the alcoholic beverage production process.
(Sec. 735) Appropriates funds for direct reimbursement payments for geographically disadvantaged farmers or ranchers to transport agricultural commodities.
(Sec. 736) Prohibits the FDA from deeming partially hydrogenated oils to be unsafe or any food containing a partially hydrogenated oil to be adulterated prior to June 18, 2018.
(Sec. 737) Provides additional funds to remain available until expended for the Rural Energy Savings Program. (The program helps rural families and small businesses achieve cost savings by providing loans to consumers to implement durable cost-effective energy efficiency measures.)
Permits USDA to allow eligible entities to offer loans to customers in any part of their service territory and to offer loans to replace a manufactured housing unit with another manufactured housing unit, if replacement would be more cost effective in saving energy.
(Sec. 738) Permits the Agricultural Research Service and the Animal and Plant Health Inspection Service to make up to 50 appointments in any fiscal year during FY2019-FY2025 for employees of the agencies at the National Bio- and Agro-defense Facility in Manhattan, Kansas.
(Sec. 739) Provides appropriations for USDA to carry out a pilot program that provides forestry inventory analysis, forest management, and economic outcomes modeling for certain currently enrolled Conservation Reserve Program participants.
(Sec. 740) Prohibits the FDA from allowing the introduction or delivery for introduction into interstate commerce of any food that contains genetically engineered salmon until the FDA publishes final labeling guidelines for informing consumers of the content.
(Sec. 741) Provides appropriations to remain available until expended for implementing non-renewable agreements for wetlands preservation on eligible lands, including flooded agricultural lands.
(Sec. 742) Prohibits funds provided for the rural water, waste water, waste disposal, and solid waste management programs authorized by the Consolidated Farm and Rural Development Act from being used for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States. Specifies exceptions and waiver procedures.
(Sec. 743) Directs USDA to set aside specified additional funds for Rural Economic Area Partnership (REAP) Zones.
(Sec. 744) Prohibits USDA from including incarcerated prison populations to determine eligibility or the level of program assistance for Rural Development programs.
(Sec. 745) Provides appropriations to remain available until expended for a pilot program for USDA to award grants to non-profit organizations and public housing authorities to provide technical assistance to Rural Housing Service (RHS) multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where there is a risk of loss of affordable housing. Requires the grants to be used to assist acquisitions by non-profit housing organizations and public housing authorities that commit to keep the properties in the RHS multi-family housing program for a period of time determined by USDA.
(Sec. 746) Prohibits funds provided by this division from being used to influence congressional action on any legislation or appropriation matters pending before Congress.
(Sec. 747) Requires USDA to establish a pilot program to permit state Farm Service Agency offices to make county-level payments to agricultural producers under the Agriculture Risk Coverage Program using an alternate calculation method if it is necessary to ensure that there are not significant yield calculation disparities between comparable counties in the state. Specifies requirements for the alternative calculation method and provides appropriations for the program.
(Sec. 748) Permits USDA to receive access to certain information from federal tax returns to verify the income for individuals participating in loan programs under the Housing Act of 1949.
(Sec. 749) Provides appropriations for the Farm to School Grant Program. (The program provides competitive grants and technical assistance to implement farm-to-school programs that improve access to local foods in eligible schools.)
(Sec. 750) Prohibits the FDA from using funds provided by this division to develop, issue, promote, or advance any regulations applicable to food manufacturers for population-wide sodium reduction actions or to develop, issue, promote or advance final guidance applicable to food manufacturers for long term population-wide sodium reduction actions until the dietary reference intake report with respect to sodium is completed.
(Sec. 751) Provides additional funds to USDA for loans and grants that are consistent with the Healthy Food Financing Initiative and that support projects to provide access to healthy food in underserved areas, create and preserve quality jobs, and revitalize low-income communities.
(Sec. 752) Provides additional funds to APHIS to remain available through FY2020 for one-time control and management and associated activities directly related to the multiple-agency response to citrus greening.
(Sec. 753) Prohibits the FDA from using funds to enforce the rule titled "Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption" with respect to the regulation of the production, distribution, sale, or receipt of grapes that are grown, harvested, and used solely for wine and receive commercial processing that adequately reduces the presence of microorganisms of public health significance.
(Sec. 754) Provides appropriations for telemedicine and distance learning services in rural area to help address the opioid epidemic in rural America.
(Sec. 755) Provides appropriations to the National Institute of Food and Agriculture to remain available through FY2020 for a pilot program to provide grants to nonprofit organizations for programs and services to establish and enhance farming and ranching opportunities for military veterans.
(Sec. 756) Provides addition appropriations for the broadband loan and grant pilot program that was established in the Consolidated Appropriations Act, 2018.
(Sec. 757) Provides additional appropriations for direct loans and grants made under the Rural Water and Waste Disposal Program account.(Sec. 758) Prohibits funds from being used to inspect horses for slaughter purposes.
(Sec. 759) Prohibits funds provided by this division from being used to revoke an exception made: (1) under the Grain Inspection, Packers and Stockyards Administration rule titled "Exceptions to Geographic Areas for Official Agencies Under the USGSA"; and (2) before April 14, 2017. (The rule established criteria to allow more than one designated official agency to inspect or weigh grain within a single geographic area.)
(Sec. 760) Requires USDA to provide technical assistance to any state or county impacted by a volcanic eruption covered by major disaster declared by the President in 2018. Specifies that technical assistance is: (1) to assess damage to agricultural production and rural infrastructure; and (2) develop recovery plans for impacted farmers, ranchers, and rural communities.
(Sec. 761) Requires USDA, in coordination with the National Oceanic and Atmospheric Administration, to establish a working group to study and report to Congress on specified issues related to ocean farming practices.
(Sec. 762) Requires USDA to report to Congress on: (1) ways in which conservation programs administered by the Natural Resources Conservation Service (NRCS) may be better used for the conservation of ocelots (Leopardus pardalis), and (2) actions taken by the NRCS relating to the conservation of ocelots.
(Sec. 763) Requires the Rural Housing Service (RHS) to submit to Congress a report including:
(Sec. 764) Requires the FDA to use funds to revise the advice provided in the notice of availability titled "Advice About Eating Fish, From the Environmental Protection Agency and Food and Drug Administration; Revised Fish Advice; Availability" in a manner that is consistent with nutrition science recognized by FDA on the net effects of seafood consumption.
(Sec. 765) Specifies requirements for administering the broadband loan and grant pilot program established by the Consolidated Appropriations Act, 2018. Requires USDA to: (1) allow applicants that are determined to be ineligible for the program to appeal the determination in a timely fashion, (2) exclude certain loans when determining whether an entity may overbuild or duplicate broadband expansion efforts made by any entity that has received a broadband loan from the Rural Utilities Service.
(Sec. 767) Increases the funding provided by this division for extension programs and agricultural research at 1890 land-grant colleges, including Tuskegee University. Decreases the funding provided by this division for Agriculture Buildings and Facilities
(Sec. 768) Prohibits funds provided by this division from being used to enforce the requirement in the rule titled "Food Labeling: Revision of the Nutrition and Supplement Facts Labels" that any single ingredient sugar, honey, agave, or syrup (including maple syrup) that is packaged and offered for sale as a single ingredient food bear the declaration "Includes 'X'g Added Sugars."
DIVISION D--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2019
This division provides FY2019 appropriations for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and several related agencies.
The division includes both discretionary and mandatory funding. The HUD budget is primarily discretionary spending, and most of the DOT budget is mandatory spending, in the form of contract authority from the Highway Trust Fund.
TITLE I--DEPARTMENT OF TRANSPORTATION
Department of Transportation Appropriations Act, 2019
Provides FY2019 appropriations for the Department of Transportation (DOT).
Provides appropriations for the Office of the Secretary, including:
(Sec. 101) Prohibits DOT from approving assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this division except for activities underway on the date of enactment, unless the reprogramming process has been completed.
(Sec. 102) Requires DOT to: (1) post on its website the schedule and agenda for all meetings of the Council on Credit and Finance, and (2) direct the council to record the decisions and actions of each meeting.
(Sec. 103) Permits DOT to use the Working Capital Fund to provide payments in advance and accept subsequent reimbursements from all federal agencies for transit benefit distribution services that are necessary to carry out the federal transit pass transportation fringe benefit program.
Requires DOT to maintain a reasonable operating reserve in the Working Capital Fund, to be expended in advance to provide uninterrupted transit benefits to government employees. Specifies that the reserve may not exceed one month of benefits and may be used only for transit benefits.
Provides appropriations to the Federal Aviation Administration (FAA) for:
Prohibits funds provided by this division from being used for:
Prohibits funds from being used to eliminate the Contract Weather Observers program at any airport.
Permits funds received from specified public, private, and foreign sources for expenses incurred in the provision of FAA services to be credited to the FAA Operations appropriations account.
(Sec. 110) Limits technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development.
(Sec. 111) Prohibits the FAA from requiring airport sponsors to provide the FAA without cost building construction, maintenance, utilities and expenses, or space in sponsor-owned buildings for air traffic control, air navigation, or weather reporting. Specifies that the prohibition does not apply to negotiations between the FAA and airport sponsors to achieve agreement on "below-market" rates for these items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities.
(Sec. 112) Permits the FAA to reimburse amounts made available from certain fees to carry out the Essential Air Service program, which was established to ensure that small communities have a minimum level of air service.
(Sec. 113) Permits amounts collected by the FAA for providing technical assistance to foreign aviation authorities to be credited to the Operations account.
(Sec. 114) Prohibits the FAA from paying Sunday premium pay except if an individual worked on a Sunday.
(Sec. 115) Prohibits the FAA from using funds provided by this division to purchase a store gift card or gift certificate using a government-issued credit card.
(Sec. 116) Prohibits funds provided by this division from being used for retention bonuses for FAA employees without prior approval of the Assistant Secretary for Administration of DOT.
(Sec. 117) Requires the FAA, upon the request of an owner or operator, to block the display of the owner's or operator's aircraft registration number in the Aircraft Situational Display to Industry program.
(Sec. 118) Prohibits funds provided by this division from being used to pay the salaries and expenses of more than eight political and presidential FAA appointees.
(Sec. 119) Prohibits funds provided by this division from being used to increase fees for navigation products until the FAA provides Congress with a justification for all fees for aeronautical navigation products and explains how the fees are consistent with Executive Order 13642 (Making Open and Machine Readable the New Default for Government Information).
(Sec. 119A) Requires the FAA to notify Congress prior to closing a regional operations center or reducing the services it provides.
(Sec. 119B) Prohibits funds provided by this division from being used to change weight restrictions or prior permission rules at Teterboro Airport in New Jersey.
(Sec. 119C) Prohibits the FAA from withholding consideration and approval of any new application for participation in the Contract Tower Program, including applications from cost-share program participants, if the tower meets the criteria included in the FAA report titled "Establishment and Discontinuance Criteria for Airport Traffic Control Towers."
(Sec. 119D) Specifies restrictions and requirements for FAA actions to limit the use of an Organization Designation Authorization's (ODA's) delegated functions documented in its procedures manual on a type certification project. (Under the ODA program, the FAA may delegate to a private person a matter related to issuing certificates or the examination, testing, and inspection necessary to issue a certificate on behalf of the FAA.)
(Sec. 119E) Requires the FAA to permit intermittent large cargo air carriers to land in remote areas using a mix of available local meteorological weather reports, in place of National Weather Service forecast reports where they do not provide weather coverage.
(Sec. 119F) Allows the transfer of funds from the Grants-in-Aid for Airports account to reimburse certain airports and providers of general aviation ground support services impacted by temporary flight restrictions for any residence of the President that is designated or identified to be secured by the Secret Service. Prohibits the funds from being obligated or distributed until an independent audit is completed.
(Sec. 119G) Requires the FAA to report to Congress on the implementation of NextGen at commercial service airports in the United States. (NextGen is a program to modernize and improve the efficiency of the national airspace system, primarily by migrating to satellite-based navigation and aircraft tracking.)
Provides funding from the Highway Trust Fund (HTF) to the Federal Highway Administration (FHWA) for Administrative Expenses and Federal-Aid Highways.
(Most of DOT's budget is mandatory budget authority rather than discretionary budget authority. The mandatory budget authority is primarily in the form of contract authority derived from the Highway Trust Fund (HTF). Contract authority is the authority to obligate funds in advance of an appropriation Act.
Spending from the HTF is determined both by authorization bill and appropriations bills. Authorization bills provide contract authority for highway programs, and appropriations bills include obligation limitations that determine how much of the contract authority may be used in a given year.)
Provides appropriations for Highway Infrastructure Programs.
(Sec. 120) Specifies allocations and requirements for distributing obligation authority from the HTF among federal-aid highway programs.
(Sec. 121) Credits funds received by the Bureau of Transportation Statistics from the sale of data products to the Federal-Aid Highways account to reimburse the bureau for expenses.
(Sec. 122) Requires DOT to: (1) provide an informal public notice and comment opportunity prior to waiving the Buy America requirement for federal-aid highway projects, and (2) report to Congress annually on waivers.
(Sec. 123) Requires DOT to notify Congress prior to providing credit assistance under the Transportation Finance and Innovation Act (TIFIA) program, which provides credit to finance surface transportation projects of national and regional significance.
(Sec. 124) Requires DOT to notify Congress 60 days in advance before making grants for nationally significant freight and highway projects (FASTLANE grants).
(Sec. 125) Permits states to repurpose certain highway project funding to be used within 50 miles of its original designation.
Provides funding from the HTF to the Federal Motor Carrier Safety Administration (FMCSA) for: (1) Motor Carrier Safety Operations and Programs, and (2) Motor Carrier Safety Grants.
(Sec. 130) Directs the FMCSA to require certain Mexican motor carriers to meet specified safety requirements when applying to operate beyond U.S. municipalities and commercial zones on the U.S.-Mexico border.
(Sec. 131) Requires the FMCSA to send notice of violations of certain safety procedures and regulations that could require expedited safety audits, compliance reviews, or corrective actions using certified mail, registered mail, or another manner of delivery that records the receipt of the notice by the persons responsible for the violation.
(Sec. 132) Requires the FMCSA, to the maximum extent practicable, to ensure the safe and timely completion of the flexible sleeper berth pilot programProvides appropriations to the National Highway Traffic Safety Administration (NHTSA) for Operations and Research.
Provides funding from the HTF to NHTSA for Operations and Research and Highway Traffic Safety Grants.
(Sec. 140) Provides additional funding to NHTSA for travel and related expenses associated with state management reviews and core competency development training for highway safety staff.
(Sec. 141) Exempts from the current fiscal year's obligation limitation for NHTSA programs any obligation authority that was made available in previous public laws and has not lapsed or been used.
(Sec. 142) Provides additional appropriations for NHTSA to continue, in collaboration with the Federal Railroad Administration (FRA), a high visibility enforcement paid-media campaign regarding highway-rail grade crossing safety.
Provides appropriations to the FRA for:
(Sec. 150) Limits overtime for Amtrak employees. Permits Amtrak to waive the limit for specific employees due to safety or operational efficiency reasons. Requires Amtrak to report to Congress on waivers granted and overtime payments incurred.
(Sec. 151) Expresses the sense of Congress that long-distance passenger rail routes: (1) provide much-needed transportation access and are particularly important in rural area, and (2) should be sustained to ensure connectivity throughout the National Network.
Provides appropriations to the Federal Transit Administration (FTA) for:
Provides funding from the HTF to the FTA for Transit Formula Grants.
(Sec. 160) Exempts previously made transit obligations from limitations on obligations.
(Sec. 161) Permits funds appropriated before October 1, 2018, that remain available for expenditure to be transferred from older accounts to new accounts with similar current activities.
(Sec. 162) Rescinds specified funds that were provided for the Transit Formula Grants account for FY2005 or prior fiscal years.
(Sec. 163) Prohibits the FTA from using funds provided by this division to implement or further certain new policies for the Capital Investment Grants program.
Provides appropriations to the Saint Lawrence Seaway Development Corporation for Operations and Maintenance.
Provides appropriations for the Maritime Administration (MARAD) for:
(Sec. 170) Permits MARAD to furnish utilities and services and make repairs in connection with any lease, contract, or occupancy involving government property under the control of MARAD. Requires rental payments received pursuant to this provision to be credited to the Treasury as miscellaneous receipts.
Provides appropriations to the Pipeline and Hazardous Materials Safety Administration (PHMSA) for:
Provides appropriations to the Office of Inspector General.
(Sec. 180) Permits DOT to use funds for maintenance and operation of aircraft, hire of passenger motor vehicles and aircraft, insurance for motor vehicles operating in foreign countries, and uniforms.
Permits DOT to use funds for the purchase, maintenance, operation, and deployment of unmanned aircraft systems that advance DOT's, or its operating administrations' missions.
Deems any unmanned aircraft system purchased or procured by DOT prior to the enactment of this division to be authorized.
(Sec. 181) Permits DOT to use funds provided by this division for the employment of temporary or intermittent experts and consultants if the rates do not exceed the rate for an Executive Level IV.
(Sec. 182) Prohibits recipients of funds provided by this division from releasing certain personal information and photographs from a driver's license or motor vehicle record without the consent of the affected individual. Prohibits DOT from withholding funds for any grantee if a state is not in compliance with this provision.
(Sec. 183) Prohibits: (1) funds provided by this division from being used for more than 110 DOT presidential and political appointees, and (2) any of the appointees from being assigned on temporary detail outside of DOT.
(Sec. 184) Permits funds received by the FHWA and the FRA from states or other private or public sources for training expenses to be credited to specified agency accounts, subject to an exception for state rail safety inspectors participating in certain training required under current law.
(Sec. 185) Prohibits funds provided by this division from being used for certain loans, loan guarantees, lines of credit, or grants unless DOT notifies Congress at least three business days in advance of announcing competitively selected projects.
Requires DOT to provide concurrent notification to Congress regarding any ''quick release'' of funds from the FHWA's Emergency Relief Program. (The program provides funding for the repair or reconstruction of federal-aid highways and roads on federal lands which have suffered serious damage as a result of natural disasters or catastrophic failures from an external cause.)
Requires DOT to provide a comprehensive list of all loans, loan guarantees, lines of credit, and discretionary grants that will be announced with a three-day advance notice to Congress.
(Sec. 186) Permits rebates, refunds, incentive payments, minor fees, and other funds received by DOT from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources to be credited to DOT appropriations and allocated to elements of DOT using fair and equitable criteria.
(Sec. 187) Permits DOT to use amounts recovered from improper payments to a third party contractor for expenses incurred in the recovery.
(Sec. 188) Requires reprogramming action notifications to be transmitted to and approved or denied solely by the House and Senate Committees on Appropriations.
(Sec. 189) Permits funds provided by this division for modal administrations to be obligated to the Office of the Secretary for assessments or reimbursable agreements only if the funds provide a direct benefit to the applicable modal administration.
(Sec. 190) Permits DOT to set uniform standards for developing and supporting agency transit passes and transit benefits.
(Sec. 191) Prohibits the use of funds for any geographic, economic, or other hiring preference not otherwise authorized by law, unless certain requirements are met related to availability of local labor, displacement of existing employees, and delays in transportation plans.
(Sec. 192) Requires DOT to report to Congress on efforts to engage with local communities, metropolitan planning organizations, and regional transportation commissions on advancing data and intelligent transportation systems technologies and other smart cities solutions.
(Sec. 193) Requires DOT to consult with the Army Corps of Engineers to identify any existing authorities and any additional authorities that may be needed to leverage funds from DOT programs for purposes of inland waterway project costs.
(Sec. 194) Prohibits DOT from using funds to enforce or require the enforcement of certain vehicle weight limitations if specified segments of the William H. Natcher Parkway and the Julian M. Carroll (Purchase) Parkway in Kentucky are designated as routes of the Interstate System.
(Sec. 195) Prohibits DOT from using funds to enforce certain requirements for the use of electronic logging devices with respect to operators of commercial motor vehicles transporting livestock or insects.
(Sec. 196) Prohibits the FTA from using funds to procure rolling stock for use in public transportation if the manufacturer of the rolling stock is incorporated in or has manufacturing facilities in the United States and receives support from the government of a country that:
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Department of Housing and Urban Development Appropriations Act, 2019
Provides FY2019 appropriations for the Department of Housing and Urban Development (HUD).
Provides appropriations for Management and Administration, including for Executive Offices and Administrative Support Offices.
Provides appropriations for Program Office Salaries and Expenses, including:
Permits HUD to transfer specified funds provided by this title for salaries and expenses to the Working Capital Fund to fund centralized activities.
Provides appropriations for Public and Indian Housing, including:
Provides appropriations for Community Planning and Development, including:
Provides appropriations for Housing Programs, including:
Provides appropriations and establishes limits on loan commitments for the Federal Housing Administration (FHA), which includes: (1) the Mutual Mortgage Insurance Program Account, and (2) the General and Special Risk Program Account.
Provides appropriations and establishes limits on loan commitments for the Government National Mortgage Association (Ginnie Mae).
Provides appropriations to HUD for:
(Sec. 201) Requires 50% of the funds that are recaptured from the refinancing of state or locally financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to be rescinded or, in the case of cash, remitted to the Treasury.
Requires the funds that are not rescinded or returned to the Treasury to be used by state housing finance agencies or local governments for certain projects approved by HUD.
Permits HUD to award up to 15% of the funds that are recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance projects at lower interest rates.
(Sec. 202) Prohibits funds provided by this division from being used to investigate or prosecute under the Fair Housing Act any otherwise lawful activities, including the filing or maintaining of a nonfrivolous legal action to achieve or prevent action by a government entity or a court.
(Sec. 203) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with provisions of the Department of Housing and Urban Development Reform Act of 1989 regarding HUD accountability.
(Sec. 204) Permits specified funds to be used, without regard to limitations on administrative expenses, for: (1) legal services; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, the Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act.
(Sec. 205) Prohibits HUD appropriations from being used for any program, project, or activity in excess of amounts included in the budget estimates submitted to Congress, unless otherwise provided by this division or through reprogramming.
(Sec. 206) Permits HUD corporations and agencies subject to the Government Corporation Control Act to utilize funds and make contracts and commitments, without regard to fiscal year limitations and subject to specified restrictions, to implement the FY2019 budget.
(Sec. 207) Requires HUD to provide quarterly reports to Congress regarding uncommitted, unobligated, recaptured, and excess funds for each program and activity.
(Sec. 208) Requires the President's budget request and HUD's congressional budget justifications to use the same account and sub-account structure included in this division.
(Sec. 209) Exempts Ginnie Mae from certain requirements of the Federal Credit Reform Act of 1990.
(Sec. 210) Permits HUD to authorize the transfer of project-based assistance, debt, and low-income and very low-income use restrictions associated with a multifamily housing project from obsolete or economically nonviable housing to a viable project if no additional costs are incurred and other specified conditions are met.
(Sec. 211) Sets forth eligibility requirements for section 8 housing assistance vouchers.
(Sec. 212) Requires Native American Housing Block Grant funds to be distributed to the same Native Alaskans that received funds in FY2005.
(Sec. 213) Sets forth requirements for HUD regarding the managing and disposing of any multifamily housing property that is held or owned by HUD. Specifies requirements for maintaining any rental assistance payments under section 8 of the United States Housing Act of 1937 and other programs that are attached to any dwelling units in the property.
(Sec. 214) Permits Community Development Loan Guarantee funds to be used to guarantee notes or other obligations issued by any state on behalf of its non-entitlement communities.
(Sec. 215) Permits certain public housing agencies (PHAs) that own and operate 400 or fewer public housing units to elect to be exempt from asset management requirements imposed by HUD in connection with the operating fund rule.
(Sec. 216) Prohibits HUD from using public housing funds to impose any requirement or guideline relating to asset management that restricts or limits the use of capital funds for central office costs, up to the limits established in the Quality Housing and Work Responsibility Act of 1998.
(Sec. 217) Prohibits the designation of a HUD official or employee as an allotment holder unless the Chief Financial Officer has determined that the employee has: (1) implemented an adequate system of funds control, and (2) received training in funds control procedures and directives.
Requires the Chief Financial Officer to ensure that there is a trained allotment holder for each HUD appropriations under specified accounts.
(Sec. 218) Requires HUD to publish on the Internet all competitively awarded Notices of Funding Availability for FY2019.
(Sec. 219) Sets forth limitations and reporting requirements for the payment of attorney fees in program-related litigation.
(Sec. 220) Sets forth requirements for transferring and reprogramming funds within specified HUD Administrative Support Office and Program Office Salaries and Expenses accounts.
(Sec. 221) Requires HUD to take specified actions against owners who are receiving rental subsidies and do not maintain safe properties.
(Sec. 222) Limits compensation for PHA officials and employees.
(Sec. 223) Requires HUD to notify Congress at least three business days before announcing the recipients of grant awards.
(Sec. 224) Prohibits funds provided by this division from being used to require or enforce the Physical Needs Assessment (PNA).
(Sec. 225) Prohibits the FHA, Ginnie Mae, or HUD from using funds provided by this division to finance mortgages for properties that have been subject to eminent domain condemnation or seizure by a state, municipality, or other political subdivision of a state.
(Sec. 226) Prohibits the use of funds made available by this division to terminate the status of a unit of general local government as a metropolitan city with respect to community development grants under the Housing and Community Development Act of 1974.
(Sec. 227) Permits funds that are provided to the HUD Office of Policy Development and Research for research, evaluation, and statistical purposes that are unexpended at the completion of a contract, grant or cooperative agreement to be used for additional research, subject to reprogramming requirements.
(Sec. 228) Prohibits funds from being used for awards, including performance, special act, or spot, for HUD employees who have been subject to administrative discipline in FY2018 or FY2019, including suspension from work.
(Sec. 229) Permits HUD to use funds provided for Homeless Assistance Grants to participate in the multiagency Performance Partnerships Pilots program on a limited basis.
(Sec. 230) Permits costs paid by the program income of grant recipients to count toward the recipient's matching requirements for 2015, 2016, 2017, 2018, and 2019 Continuum of Care funds. (The program awards project sponsors or unified funding agencies competitive grants focused on addressing the long-term housing and services needs of homeless individuals and families.)
(Sec. 231) Permits HUD to use funds provided by this division for Homeless Assistance Grants to award one-year grants to transition from one Continuum of Care program component to another. (The program awards project sponsors or unified funding agencies competitive grants focused on addressing the long-term housing and services needs of homeless individuals and families.)
Specifies that no more than 50% of each transition grant may be used for the costs of eligible activities of the program component originally funded.
(Sec. 232) Prohibits HUD from using funds provided by this division to direct a grantee to undertake specific changes to existing zoning laws as part of carrying out the final rule entitled "Affirmatively Furthering Fair Housing" or the notice entitled "Affirmatively Furthering Fair Housing Assessment Tool."
(Sec. 233) Prohibits provisions of the Cranston-Gonzalez National Affordable Housing Act regarding the expiration of the right to draw funds from applying to the right of a jurisdiction to draw funds from its HOME Investment Trust Fund that otherwise expired or would expire in 2016, 2017, 2018, 2019, 2020, or 2021 under current law.
(Sec. 234) Maintains existing Promise Zone designations and agreements.
(Sec. 235) Requires HUD to review public housing and tenant-based rental assistance regulations, related notices, and other guidance documents to identify opportunities to streamline the administration of the programs while also ensuring compliance with financial and internal control requirements.
Requires HUD to establish a regulatory advisory committee to advise HUD on specific policy proposals to reduce the administrative burden.
(Sec. 236) Prohibits funds provided by this division from being used to establish and apply a ranking factor in the selection and award of any funds made available and requiring competitive selection under this division, including preference, bonus points, or other incentives for participation in or coordination with EnVision Centers.
(Sec. 237) Requires HUD to continue to engage in, and report to Congress on, efforts authorized by the Violence Against Women Reauthorization Act of 2013 to ensure that survivors of domestic violence and sexual assault are not unlawfully evicted or denied housing by certain landlords based on their experience as survivors.
(Sec. 238) Prohibits funds provided by this division from being used to provide housing assistance benefits to any individual who is convicted of:
TITLE III--RELATED AGENCIES
Provides FY2019 appropriations to:
TITLE IV--GENERAL PROVISIONS--THIS ACT
(Sec. 401) Prohibits funds provided by this division from being used to compensate or pay the expenses of non-federal parties intervening in regulatory or adjudicatory proceedings funded in this division.
(Sec. 402) Prohibits transfers of funds to other appropriations or obligations beyond the current fiscal year, unless expressly permitted in this division.
(Sec. 403) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law or an executive order.
(Sec. 404) Prohibits the use of funds provided by this division for employee training not specifically related to the performance of official duties.
(Sec. 405) Specifies procedures, restrictions, and reporting requirements for the reprogramming of funds provided by this division.
(Sec. 406) Permits up to 50% of unobligated balances remaining at the end of FY2019 from appropriations for salaries and expenses to remain available through FY2020, subject to congressional approval and reprogramming guidelines.
(Sec. 407) Prohibits funds provided by this division from being used for any project that seeks to use eminent domain unless eminent domain is employed only for a public use.
(Sec. 408) Prohibits the transfer of funds provided by this division to a department, agency, or instrumentality of the U.S. government unless the transfer is pursuant to an appropriations Act.
(Sec. 409) Prohibits the use of funds provided by this division to permanently replace an employee intent on returning to his or her previous occupation after completing military service.
(Sec. 410) Requires expenditures of funds provided by this division to comply with the Buy American Act.
(Sec. 411) Prohibits funds provided by this division from being made available to any person or entity that has been convicted of violating the Buy American Act.
(Sec. 412) Prohibits funds provided by this division from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.
(Sec. 413) Prohibits the use of funds provided by this division to approve a new foreign air carrier permit or exemption application if the approval would contravene U.S. law or specified provisions of the U.S.-E.U.-Iceland-Norway Air Transport Agreement.
(Sec. 414) Restricts the number of employees that agencies funded in this division may send to international conferences.
(Sec. 415) Limits Surface Transportation Board fees for the filing of rate or practice complaints.
(Sec. 416) Prohibits funds provided by this division from being used to purchase new light-duty vehicles, except in accordance with Presidential Memorandum- Federal Fleet Performance, which establishes requirements for purchasing alternative fueled vehicles.
(Sec. 417) Prohibits funds provided by this division from being used for a computer network unless pornography is blocked, with an exception for law enforcement, prosecution, or adjudication activities.
(Sec. 418) Prohibits funds provided by this division from being used to deny an Inspector General (IG) timely access to any records, documents, or other materials available to the department or agency over which that IG has responsibilities, or to prevent or impede that IG's access. Requires each IG to comply with: (1) specified statutory limitations on disclosure of the information provided, and (2) reporting requirements regarding violations of this section.
(Sec. 419) Prohibits funds provided by this division from being used to pay award or incentive fees for contractors whose performance is below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract unless specified requirements are met.
(Sec. 420) Prohibits funds provided by this division from being used to acquire telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation or a high-impact or moderate-impact information system unless the agency acquiring the system meets certain requirements for reviews, assessments, reports, and mitigation strategies for risks.
Committee on Small Business and Entrepreneurship. Hearings held. Hearings printed: S.Hrg. 115-21.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Cloture on amendment SA 3399 invoked in Senate by Yea-Nay Vote. 94 - 4. Record Vote Number: 175. (CR S5503)
Roll Call #175 (Senate)Considered by Senate. (consideration: CR S5469-5472, S5474-5491, S5493-5503)
Cloture motion on the measure withdrawn by unanimous consent in Senate.
Considered by Senate. (consideration: CR S5528-5538)
Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 92 - 6. Record Vote Number: 180.
Roll Call #180 (Senate)Passed Senate with an amendment by Yea-Nay Vote. 92 - 6. Record Vote Number: 180.
Roll Call #180 (Senate)Message on Senate action sent to the House.
Mr. Calvert moved that the House disagree to the Senate amendment, and request a conference. (consideration: CR H7894-7896)
The previous question was ordered without objection.
On motion that the House disagree to the Senate amendment, and request a conference Agreed to by voice vote.
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Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Placed on the Union Calendar, Calendar No. 315.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Ms. McCollum moved that the House instruct conferees.
The House proceeded with one hour of debate on the McCollum motion to instruct conferees on H.R. 6147. The instructions contained in the motion seek to require the managers on the part of the House be instructed to agree to section 114 of division A of the matter proposed to be added by the Senate amendment.
The previous question was ordered without objection.
On motion that the House instruct conferees Failed by the Yeas and Nays: 187 - 218 (Roll no. 388).
Roll Call #388 (House)Motion to reconsider laid on the table Agreed to without objection.
The Speaker appointed conferees: Frelinghuysen, Aderholt, Simpson, Calvert, Cole, Diaz-Balart, Graves of Georgia, Young of Iowa, Rutherford, Lowey, Price of North Carolina, Bishop of Georgia, McCollum, Quigley, and Pingree.
Message on House action received in Senate and at desk: House requests a conference.
Measure laid before Senate by unanimous consent. (consideration: CR S6101)
Senate insists on its amendment, agrees to request for a conference, appoints conferees Murkowski; Collins; Lankford; Hoeven; Shelby; Hyde-Smith; Udall; Reed; Coons; Merkley; Leahy by Voice Vote. (consideration: CR S6101)
Message on Senate action sent to the House.