Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019

IIB 116TH CONGRESS 1ST SESSION H. R. 265 IN THE SENATE OF THE UNITED STATES JANUARY 11, 2019 Received; read twice and referred to the Committee on Appropriations AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2019, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:01 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H265.RFS H265 kjohnson on DSK79L0C42 with BILLS 2 HR 265 RFS That the following sums are appropriated, out of any 1 money in the Treasury not otherwise appropriated, for Ag- 2 riculture, Rural Development, Food and Drug Administra- 3 tion, and Related Agencies programs for fiscal year ending 4 September 30, 2019, and for other purposes, namely: 5 TITLE I 6 AGRICULTURAL PROGRAMS 7 PROCESSING, RESEARCH, AND MARKETING 8 OFFICE OF THE SECRETARY 9 (INCLUDING TRANSFERS OF FUNDS) 10 For necessary expenses of the Office of the Secretary, 11 $46,532,000, of which not to exceed $5,051,000 shall be 12 available for the immediate Office of the Secretary; not 13 to exceed $800,000 shall be available for the Office of the 14 Assistant to the Secretary for Rural Development: Pro- 15 vided, That funds made available by this Act to an agency 16 in the Rural Development mission area for salaries and 17 expenses are available to fund up to one administrative 18 support staff for the Office; not to exceed $1,496,000 shall 19 be available for the Office of Homeland Security; not to 20 exceed $4,711,000 shall be available for the Office of Part- 21 nerships and Public Engagement; not to exceed 22 $23,105,000 shall be available for the Office of the Assist- 23 ant Secretary for Administration, of which $22,301,000 24 shall be available for Departmental Administration to pro- 25 VerDate Sep 11 2014 23:01 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H265.RFS H265 kjohnson on DSK79L0C42 with BILLS 3 HR 265 RFS vide for necessary expenses for management support serv- 1 ices to offices of the Department and for general adminis- 2 tration, security, repairs and alterations, and other mis- 3 cellaneous supplies and expenses not otherwise provided 4 for and necessary for the practical and efficient work of 5 the Department: Provided further, That funds made avail- 6 able by this Act to an agency in the Administration mis- 7 sion area for salaries and expenses are available to fund 8 up to one administrative support staff for the Office; not 9 to exceed $3,869,000 shall be available for the Office of 10 Assistant Secretary for Congressional Relations to carry 11 out the programs funded by this Act, including programs 12 involving intergovernmental affairs and liaison within the 13 executive branch; and not to exceed $7,500,000 shall be 14 available for the Office of Communications: Provided fur- 15 ther, That the Secretary of Agriculture is authorized to 16 transfer funds appropriated for any office of the Office 17 of the Secretary to any other office of the Office of the 18 Secretary: Provided further, That no appropriation for any 19 office shall be increased or decreased by more than 5 per- 20 cent: Provided further, That not to exceed $11,000 of the 21 amount made available under this paragraph for the im- 22 mediate Office of the Secretary shall be available for offi- 23 cial reception and representation expenses, not otherwise 24 provided for, as determined by the Secretary: Provided 25 VerDate Sep 11 2014 23:01 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H265.RFS H265 kjohnson on DSK79L0C42 with BILLS 4 HR 265 RFS further, That the amount made available under this head- 1 ing for Departmental Administration shall be reimbursed 2 from applicable appropriations in this Act for travel ex- 3 penses incident to the holding of hearings as required by 4 5 U.S.C. 551–558: Provided further, That funds made 5 available under this heading for the Office of the Assistant 6 Secretary for Congressional Relations may be transferred 7 to agencies of the Department of Agriculture funded by 8 this Act to maintain personnel at the agency level: Pro- 9 vided further, That no funds made available under this 10 heading for the Office of Assistant Secretary for Congres- 11 sional Relations may be obligated after 30 days from the 12 date of enactment of this Act, unless the Secretary has 13 notified the Committees on Appropriations of both Houses 14 of Congress on the allocation of these funds by USDA 15 agency. 16 EXECUTIVE OPERATIONS 17 OFFICE OF THE CHIEF ECONOMIST 18 For necessary expenses of the Office of the Chief 19 Economist, $19,786,000, of which $4,000,000 shall be for 20 grants or cooperative agreements for policy research under 21 7 U.S.C. 3155. 22 OFFICE OF HEARINGS AND APPEALS 23 For necessary expenses of the Office of Hearings and 24 Appeals, $15,222,000. 25 VerDate Sep 11 2014 23:01 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H265.RFS H265 kjohnson on DSK79L0C42 with BILLS 5 HR 265 RFS OFFICE OF BUDGET AND PROGRAM ANALYSIS 1 For necessary expenses of the Office of Budget and 2 Program Analysis, $9,525,000. 3 OFFICE OF THE CHIEF INFORMATION OFFICER 4 For necessary expenses of the Office of the Chief In- 5 formation Officer, $63,950,000, of which not less than 6 $38,000,000 is for cybersecurity requirements of the de- 7 partment. 8 OFFICE OF THE CHIEF FINANCIAL OFFICER 9 For necessary expenses of the Office of the Chief Fi- 10 nancial Officer, $6,028,000. 11 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL 12 RIGHTS 13 For necessary expenses of the Office of the Assistant 14 Secretary for Civil Rights, $901,000: Provided, That 15 funds made available by this Act to an agency in the Civil 16 Rights mission area for salaries and expenses are available 17 to fund up to one administrative support staff for the Of- 18 fice. 19 OFFICE OF CIVIL RIGHTS 20 For necessary expenses of the Office of Civil Rights, 21 $24,206,000. 22 VerDate Sep 11 2014 23:01 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H265.RFS H265 kjohnson on DSK79L0C42 with BILLS 6 HR 265 RFS AGRICULTURE BUILDINGS AND FACILITIES 1 (INCLUDING TRANSFERS OF FUNDS) 2 For payment of space rental and related costs pursu- 3 ant to Public Law 92–313, including authorities pursuant 4 to the 1984 delegation of authority from the Adminis- 5 trator of General Services to the Department of Agri- 6 culture under 40 U.S.C. 121, for programs and activities 7 of the Department which are included in this Act, and for 8 alterations and other actions needed for the Department 9 and its agencies to consolidate unneeded space into con- 10 figurations suitable for release to the Administrator of 11 General Services, and for the operation, maintenance, im- 12 provement, and repair of Agriculture buildings and facili- 13 ties, and for related costs, $58,330,000, to remain avail- 14 able until expended. 15 HAZARDOUS MATERIALS MANAGEMENT 16 (INCLUDING TRANSFERS OF FUNDS) 17 For necessary expenses of the Department of Agri- 18 culture, to comply with the Comprehensive Environmental 19 Response, Compensation, and Liability Act (42 U.S.C. 20 9601 et seq.) and the Resource Conservation and Recovery 21 Act (42 U.S.C. 6901 et seq.), $3,503,000, to remain avail- 22 able until expended: Provided, That appropriations and 23 funds available herein to the Department for Hazardous 24 Materials Management may be transferred to any agency 25 VerDate Sep 11 2014 23:01 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H265.RFS H265 kjohnson on DSK79L0C42 with BILLS 7 HR 265 RFS of the Department for its use in meeting all requirements 1 pursuant to the above Acts on Federal and non-Federal 2 lands. 3 OFFICE OF INSPECTOR GENERAL 4 For necessary expenses of the Office of Inspector 5 General, including employment pursuant to the Inspector 6 General Act of 1978 (Public Law 95–452; 5 U.S.C. App.), 7 $98,208,000, including such sums as may be necessary for 8 contracting and other arrangements with public agencies 9 and private persons pursuant to section 6(a)(9) of the In- 10 spector General Act of 1978 (Public Law 95–452; 5 11 U.S.C. App.), and including not to exceed $125,000 for 12 certain confidential operational expenses, including the 13 payment of informants, to be expended under the direction 14 of the Inspector General pursuant to the Inspector Gen- 15 eral Act of 1978 (Public Law 95–452; 5 U.S.C. App.) and 16 section 1337 of the Agriculture and Food Act of 1981 17 (Public Law 97–98). 18 OFFICE OF THE GENERAL COUNSEL 19 For necessary expenses of the Office of the General 20 Counsel, $45,146,000. 21 OFFICE OF ETHICS 22 For necessary expenses of the Office of Ethics, 23 $4,136,000. 24 VerDate Sep 11 2014 23:01 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H265.RFS H265 kjohnson on DSK79L0C42 with BILLS 8 HR 265 RFS OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 1 EDUCATION, AND ECONOMICS 2 For necessary expenses of the Office of the Under 3 Secretary for Research, Education, and Economics, 4 $800,000: Provided, That funds made available by this 5 Act to an agency in the Research, Education, and Eco- 6 nomics mission area for salaries and expenses are avail- 7 able to fund up to one administrative support staff for 8 the Office. 9 ECONOMIC RESEARCH SERVICE 10 For necessary expenses of the Economic Research 11 Service, $86,757,000. 12 NATIONAL AGRICULTURAL STATISTICS SERVICE 13 For necessary expenses of the National Agricultural 14 Statistics Service, $174,767,000, of which up to 15 $45,300,000 shall be available until expended for the Cen- 16 sus of Agriculture: Provided, That amounts made available 17 for the Census of Agriculture may be used to conduct Cur- 18 rent Industrial Report surveys subject to 7 U.S.C. 19 2204g(d) and (f). 20 AGRICULTURAL RESEARCH SERVICE 21 SALARIES AND EXPENSES 22 For necessary expenses of the Agricultural Research 23 Service and for acquisition of lands by donation, exchange, 24 or purchase at a nominal cost not to exceed $100, and 25 VerDate Sep 11 2014 23:01 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H265.RFS H265 kjohnson on DSK79L0C42 with BILLS 9 HR 265 RFS for land exchanges where the lands exchanged shall be of 1 equal value or shall be equalized by a payment of money 2 to the grantor which shall not exceed 25 percent of the 3 total value of the land or interests transferred out of Fed- 4 eral ownership, $1,300,966,000, of which $10,600,000, to 5 remain available until expended, shall be used to carry out 6 the science program at the National Bio- and Agro-de- 7 fense Facility located in Manhattan, Kansas; of which not 8 less than $2,000,000 shall be available to carry out the 9 dryland agriculture research program; and of which not 10 less than $7,000,000 shall be available for purposes of en- 11 tering into a management, operations, and research sup- 12 port contract to expedite the hiring of a capable workforce 13 for the commissioning of the Central Utility Plant and in 14 support of operations and management of the National 15 Bio- and Agro-defense Facility: Provided, That appropria- 16 tions hereunder shall be available for the operation and 17 maintenance of aircraft and the purchase of not to exceed 18 one for replacement only: Provided further, That appro- 19 priations hereunder shall be available pursuant to 7 20 U.S.C. 2250 for the construction, alteration, and repair 21 of buildings and improvements, but unless otherwise pro- 22 vided, the cost of constructing any one building shall not 23 exceed $500,000, except for headhouses or greenhouses 24 which shall each be limited to $1,800,000, except for 10 25 VerDate Sep 11 2014 23:01 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H265.RFS H265 kjohnson on DSK79L0C42 with BILLS 10 HR 265 RFS buildings to be constructed or improved at a cost not to 1 exceed $1,100,000 each, and except for two buildings to 2 be constructed at a cost not to exceed $3,000,000 each, 3 and the cost of altering any one building during the fiscal 4 year shall not exceed 10 percent of the current replace- 5 ment value of the building or $500,000, whichever is 6 greater: Provided further, That appropriations hereunder 7 shall be available for entering into lease agreements at any 8 Agricultural Research Service location for the construction 9 of a research facility by a non-Federal entity for use by 10 the Agricultural Research Service and a condition of the 11 lease shall be that any facility shall be owned, operated, 12 and maintained by the non-Federal entity and shall be re- 13 moved upon the expiration or termination of the lease 14 agreement: Provided further, That the limitations on alter- 15 ations contained in this Act shall not apply to moderniza- 16 tion or replacement of existing facilities at Beltsville, 17 Maryland: Provided further, That appropriations here- 18 under shall be available for granting easements at the 19 Beltsville Agricultural Research Center: Provided further, 20 That the foregoing limitations shall not apply to replace- 21 ment of buildings needed to carry out the Act of April 22 24, 1948 (21 U.S.C. 113a): Provided further, That appro- 23 priations hereunder shall be available for granting ease- 24 ments at any Agricultural Research Service location for 25 VerDate Sep 11 2014 23:01 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H265.RFS H265 kjohnson on DSK79L0C42 with BILLS 11 HR 265 RFS the construction of a research facility by a non-Federal 1 entity for use by, and acceptable to, the Agricultural Re- 2 search Service and a condition of the easements shall be 3 that upon completion the facility shall be accepted by the 4 Secretary, subject to the availability of funds herein, if the 5 Secretary finds that acceptance of the facility is in the 6 interest of the United States: Provided further, That funds 7 may be received from any State, other political subdivi- 8 sion, organization, or individual for the purpose of estab- 9 lishing or operating any research facility or research 10 project of the Agricultural Research Service, as authorized 11 by law. 12 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE 13 RESEARCH AND EDUCATION ACTIVITIES 14 For payments to agricultural experiment stations, for 15 cooperative forestry and other research, for facilities, and 16 for other expenses, $898,535,000, which shall be for the 17 purposes, and in the amounts, specified in the table titled 18 ‘‘National Institute of Food and Agriculture, Research 19 and Educa [Text truncated for display. 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