[Congressional Record Volume 164, Number 135 (Wednesday, August 15, 2018)]
[Senate]
[Pages S5621-S5659]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3691. Ms. BALDWIN (for herself and Ms. Stabenow) submitted an 
amendment intended to be proposed by her to the bill H.R. 6157, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2019, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in division A, insert the 
     following:
       Sec. ___.  The amount appropriated by title III under the 
     heading ``Shipbuilding and Conversion, Navy'' is hereby 
     increased by $437,261,000, with the amount of the increase to 
     be available for the procurement of a Littoral Combat Ship in 
     addition to the two Littoral Combat ships otherwise funded 
     for procurement by that heading.
                                 ______
                                 
  SA 3692. Ms. BALDWIN submitted an amendment intended to be proposed 
by her to the bill H.R. 6157, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2019, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title VIII of division A, 
     insert the following:
       Sec. ___. (a) The amount appropriated by title II of this 
     division under the heading ``Operation and Maintenance, 
     Defense-Wide'' is hereby increased by $10,000,000, with the 
     amount of the increase to be available for the Defense 
     Personnel Accounting Agency.
       (b) The amount appropriated by title II of this division 
     under the heading ``Operation and Maintenance, Defense-Wide'' 
     is hereby decreased by $10,000,000, with the amount of the 
     decrease to be applied against amounts otherwise appropriated 
     by that heading for the Defense Security Cooperation Agency 
     and available for security cooperation.
                                 ______
                                 
  SA 3693. Ms. BALDWIN submitted an amendment intended to be proposed 
by

[[Page S5622]]

her to the bill H.R. 6157, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2019, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title VIII of division A, 
     insert the following:
       Sec. ___.  Notwithstanding section 7299a of title 10, 
     United States Code, or any other provision of law, the 
     Secretary of the Navy may award a contract for the overhaul, 
     repair, or maintenance of a non-combat naval vessel to a firm 
     that is located in a non-coastwide area outside the area of 
     the homeport of the vessel, including a firm located in the 
     Great Lakes or Gulf Coast regions of the United States, if 
     the Secretary determines that such an award will--
       (1) reduce naval vessel maintenance backlogs;
       (2) improve fleet readiness;
       (3) support the operational needs of the Navy; and
       (4) not unduly impact the quality of life of the crew of 
     the vessel.
                                 ______
                                 
  SA 3694. Mr. McCONNELL (for Mr. Lee (for himself, Mr. Cotton, Mr. 
Toomey, Mr. Corker, Mr. Flake, and Mr. Johnson)) submitted an amendment 
intended to be proposed by Mr. McConnell to the bill S. 3128, to 
reauthorize the National Flood Insurance Program; which was ordered to 
lie on the table; as follows:

       In section 1(a), strike ``January 31, 2019'' and insert 
     ``November 30, 2018''.
       In section 1(b), strike ``January 31, 2019'' and insert 
     ``November 30, 2018''.
       After section 1, add the following:

     SEC. 2. ELIMINATION OF COVERAGE FOR HIGH-COST PROPERTIES.

       Section 1305 of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4012) is amended by adding at the end the 
     following:
       ``(e) Prohibition of Coverage for High-cost Properties.--
     The Administrator may not make available flood insurance 
     under this title for any structure--
       ``(1) that is built after the date of enactment of this 
     subsection; and
       ``(2) with respect to which the replacement cost is not 
     less than $2,500,000.''.
                                 ______
                                 
  SA 3695. Mr. SHELBY submitted an amendment intended to be proposed by 
him to the bill H.R. 6157, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2019, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as ``Department of Defense and Labor, 
     Health and Human Services, and Education Appropriations Act, 
     2019''.

     SEC. 2. REFERENCES TO ACT.

       Except as expressly provided otherwise, any reference to 
     ``this Act'' contained in any division of this Act shall be 
     treated as referring only to the provisions of that division.

     SEC. 3. REFERENCES TO REPORT.

       (a) Any reference to a ``report accompanying this Act'' 
     contained in division A shall be treated as a reference to 
     Senate Report 115-290. The effect of such Report shall be 
     limited to division A and shall apply for purposes of 
     determining the allocation of funds provided by, and the 
     implementation of, division A.
       (b) Any reference to a ``report accompanying this Act'' 
     contained in division B shall be treated as a reference to 
     Senate Report 115-289. The effect of such Report shall be 
     limited to division B and shall apply for purposes of 
     determining the allocation of funds provided by, and the 
     implementation of, division B.

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2019

        That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the 
     Department of Defense for the fiscal year ending September 
     30, 2019, and for other purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Army on active 
     duty (except members of reserve components provided for 
     elsewhere), cadets, and aviation cadets; for members of the 
     Reserve Officers' Training Corps; and for payments pursuant 
     to section 156 of Public Law 97-377, as amended (42 U.S.C. 
     402 note), and to the Department of Defense Military 
     Retirement Fund, $43,060,042,000.

                        Military Personnel, Navy

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; for members of the Reserve 
     Officers' Training Corps; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), and to the Department of Defense Military Retirement 
     Fund, $30,305,481,000.

                    Military Personnel, Marine Corps

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Marine Corps on 
     active duty (except members of the Reserve provided for 
     elsewhere); and for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), and to 
     the Department of Defense Military Retirement Fund, 
     $13,799,038,000.

                     Military Personnel, Air Force

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Air Force on 
     active duty (except members of reserve components provided 
     for elsewhere), cadets, and aviation cadets; for members of 
     the Reserve Officers' Training Corps; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), and to the Department of Defense Military 
     Retirement Fund, $30,173,691,000.

                        Reserve Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     Reserve on active duty under sections 10211, 10302, and 3038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and expenses authorized by section 16131 
     of title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $4,870,947,000.

                        Reserve Personnel, Navy

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Navy 
     Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $2,059,521,000.

                    Reserve Personnel, Marine Corps

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Marine 
     Corps Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Marine Corps platoon leaders class, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $787,090,000.

                      Reserve Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air Force 
     Reserve on active duty under sections 10211, 10305, and 8038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and expenses authorized by section 16131 
     of title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $1,871,286,000.

                     National Guard Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     National Guard while on duty under sections 10211, 10302, or 
     12402 of title 10 or section 708 of title 32, United States 
     Code, or while serving on duty under section 12301(d) of 
     title 10 or section 502(f) of title 32, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $8,650,645,000.

                  National Guard Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air 
     National Guard on duty under sections 10211, 10305, or 12402 
     of title 10 or section 708 of title 32, United States Code, 
     or while serving on duty under section 12301(d) of title 10 
     or section 502(f) of title 32, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of

[[Page S5623]]

     title 10, United States Code, or while undergoing training, 
     or while performing drills or equivalent duty or other duty, 
     and expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $3,718,780,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Army, as authorized by law, 
     $40,634,715,000:  Provided, That not to exceed $12,478,000 
     can be used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of the 
     Army, and payments may be made on his certificate of 
     necessity for confidential military purposes.

                    Operation and Maintenance, Navy

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Navy and the Marine Corps, 
     as authorized by law, $47,296,183,000:  Provided, That not to 
     exceed $15,055,000 can be used for emergencies and 
     extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Navy, and payments may be 
     made on his certificate of necessity for confidential 
     military purposes.

                Operation and Maintenance, Marine Corps

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Marine Corps, as authorized 
     by law, $6,372,000,000.

                  Operation and Maintenance, Air Force

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Air Force, as authorized by 
     law, $40,775,374,000:  Provided, That not to exceed 
     $7,699,000 can be used for emergencies and extraordinary 
     expenses, to be expended on the approval or authority of the 
     Secretary of the Air Force, and payments may be made on his 
     certificate of necessity for confidential military purposes.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of activities and agencies of the 
     Department of Defense (other than the military departments), 
     as authorized by law, $35,662,783,000:  Provided, That not 
     more than $7,503,000 may be used for the Combatant Commander 
     Initiative Fund authorized under section 166a of title 10, 
     United States Code:  Provided further, That not to exceed 
     $36,000,000 can be used for emergencies and extraordinary 
     expenses, to be expended on the approval or authority of the 
     Secretary of Defense, and payments may be made on his 
     certificate of necessity for confidential military purposes:  
     Provided further, That of the funds provided under this 
     heading, not less than $33,025,000 shall be made available 
     for the Procurement Technical Assistance Cooperative 
     Agreement Program, of which not less than $2,600,000 shall be 
     available for centers defined in 10 U.S.C. 2411(1)(D):  
     Provided further, That none of the funds appropriated or 
     otherwise made available by this Act may be used to plan or 
     implement the consolidation of a budget or appropriations 
     liaison office of the Office of the Secretary of Defense, the 
     office of the Secretary of a military department, or the 
     service headquarters of one of the Armed Forces into a 
     legislative affairs or legislative liaison office:  Provided 
     further, That $19,160,000, to remain available until 
     expended, is available only for expenses relating to certain 
     classified activities, and may be transferred as necessary by 
     the Secretary of Defense to operation and maintenance 
     appropriations or research, development, test and evaluation 
     appropriations, to be merged with and to be available for the 
     same time period as the appropriations to which transferred:  
     Provided further, That any ceiling on the investment item 
     unit cost of items that may be purchased with operation and 
     maintenance funds shall not apply to the funds described in 
     the preceding proviso:  Provided further, That of the funds 
     provided under this heading, $686,744,000, of which 
     $171,686,000, to remain available until September 30, 2020, 
     shall be available to provide support and assistance to 
     foreign security forces or other groups or individuals to 
     conduct, support or facilitate counterterrorism, crisis 
     response, or other Department of Defense security cooperation 
     programs:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided elsewhere in this Act.

                Operation and Maintenance, Army Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Army Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $2,854,909,000.

                Operation and Maintenance, Navy Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Navy Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,018,006,000.

            Operation and Maintenance, Marine Corps Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Marine Corps Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $271,570,000.

              Operation and Maintenance, Air Force Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Air Force Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $3,247,534,000.

             Operation and Maintenance, Army National Guard

       For expenses of training, organizing, and administering the 
     Army National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; hire of 
     passenger motor vehicles; personnel services in the National 
     Guard Bureau; travel expenses (other than mileage), as 
     authorized by law for Army personnel on active duty, for Army 
     National Guard division, regimental, and battalion commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau; supplying and equipping the Army 
     National Guard as authorized by law; and expenses of repair, 
     modification, maintenance, and issue of supplies and 
     equipment (including aircraft), $7,261,295,000.

             Operation and Maintenance, Air National Guard

       For expenses of training, organizing, and administering the 
     Air National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; 
     transportation of things, hire of passenger motor vehicles; 
     supplying and equipping the Air National Guard, as authorized 
     by law; expenses for repair, modification, maintenance, and 
     issue of supplies and equipment, including those furnished 
     from stocks under the control of agencies of the Department 
     of Defense; travel expenses (other than mileage) on the same 
     basis as authorized by law for Air National Guard personnel 
     on active Federal duty, for Air National Guard commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau, $6,433,697,000.

          United States Court of Appeals for the Armed Forces

       For salaries and expenses necessary for the United States 
     Court of Appeals for the Armed Forces, $14,662,000, of which 
     not to exceed $5,000 may be used for official representation 
     purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

       For the Department of the Army, $228,449,000, to remain 
     available until transferred:  Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Army, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred:  Provided further, That upon a determination 
     that all or part of the funds transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided elsewhere in this Act.

                    Environmental Restoration, Navy

                     (including transfer of funds)

       For the Department of the Navy, $329,253,000, to remain 
     available until transferred:  Provided, That the Secretary of 
     the Navy shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Navy, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Navy, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred:  Provided further, That upon a determination 
     that all or part of the funds transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided elsewhere in this Act.

[[Page S5624]]

  


                  Environmental Restoration, Air Force

                     (including transfer of funds)

       For the Department of the Air Force, $365,808,000, to 
     remain available until transferred:  Provided, That the 
     Secretary of the Air Force shall, upon determining that such 
     funds are required for environmental restoration, reduction 
     and recycling of hazardous waste, removal of unsafe buildings 
     and debris of the Department of the Air Force, or for similar 
     purposes, transfer the funds made available by this 
     appropriation to other appropriations made available to the 
     Department of the Air Force, to be merged with and to be 
     available for the same purposes and for the same time period 
     as the appropriations to which transferred:  Provided 
     further, That upon a determination that all or part of the 
     funds transferred from this appropriation are not necessary 
     for the purposes provided herein, such amounts may be 
     transferred back to this appropriation:  Provided further, 
     That the transfer authority provided under this heading is in 
     addition to any other transfer authority provided elsewhere 
     in this Act.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

       For the Department of Defense, $8,926,000, to remain 
     available until transferred:  Provided, That the Secretary of 
     Defense shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of Defense, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of Defense, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred:  Provided further, That upon a determination 
     that all or part of the funds transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided elsewhere in this Act.

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

       For the Department of the Army, $212,346,000, to remain 
     available until transferred:  Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris at 
     sites formerly used by the Department of Defense, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred:  Provided further, That upon a determination 
     that all or part of the funds transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided elsewhere in this Act.

             Overseas Humanitarian, Disaster, and Civic Aid

       For expenses relating to the Overseas Humanitarian, 
     Disaster, and Civic Aid programs of the Department of Defense 
     (consisting of the programs provided under sections 401, 402, 
     404, 407, 2557, and 2561 of title 10, United States Code), 
     $107,663,000, to remain available until September 30, 2020.

                  Cooperative Threat Reduction Account

       For assistance, including assistance provided by contract 
     or by grants, under programs and activities of the Department 
     of Defense Cooperative Threat Reduction Program authorized 
     under the Department of Defense Cooperative Threat Reduction 
     Act, $335,240,000, to remain available until September 30, 
     2021.

      Department of Defense Acquisition Workforce Development Fund

       For the Department of Defense Acquisition Workforce 
     Development Fund, $552,000,000, to remain available for 
     obligation until September 30, 2020:  Provided, That no other 
     amounts may be otherwise credited or transferred to the Fund, 
     or deposited into the Fund, in fiscal year 2019 pursuant to 
     section 1705(d) of title 10, United States Code.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $4,890,658,000, to remain available for obligation until 
     September 30, 2021.

                       Missile Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of missiles, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $3,160,597,000, to remain available for obligation until 
     September 30, 2021.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For construction, procurement, production, and modification 
     of weapons and tracked combat vehicles, equipment, including 
     ordnance, spare parts, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including the land necessary therefor, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes, $4,515,290,000, to remain available for 
     obligation until September 30, 2021.

                    Procurement of Ammunition, Army

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $2,283,369,000, to remain available for obligation until 
     September 30, 2021.

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; the purchase of passenger motor vehicles for 
     replacement only; communications and electronic equipment; 
     other support equipment; spare parts, ordnance, and 
     accessories therefor; specialized equipment and training 
     devices; expansion of public and private plants, including 
     the land necessary therefor, for the foregoing purposes, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $7,709,078,000, to remain available for obligation until 
     September 30, 2021.

                       Aircraft Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $20,083,169,000, to remain available 
     for obligation until September 30, 2021.

                       Weapons Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of missiles, torpedoes, other weapons, and 
     related support equipment including spare parts, and 
     accessories therefor; expansion of public and private plants, 
     including the land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway, 
     $3,780,572,000, to remain available for obligation until 
     September 30, 2021.

            Procurement of Ammunition, Navy and Marine Corps

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing

[[Page S5625]]

     purposes, $970,454,000, to remain available for obligation 
     until September 30, 2021.

                   Shipbuilding and Conversion, Navy

       For expenses necessary for the construction, acquisition, 
     or conversion of vessels as authorized by law, including 
     armor and armament thereof, plant equipment, appliances, and 
     machine tools and installation thereof in public and private 
     plants; reserve plant and Government and contractor-owned 
     equipment layaway; procurement of critical, long lead time 
     components and designs for vessels to be constructed or 
     converted in the future; and expansion of public and private 
     plants, including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, as follows:
       Ohio Replacement Submarine (AP), $3,242,330,000;
       Carrier Replacement Program (CVN 80), $1,573,181,000;
       Virginia Class Submarine, $4,373,382,000;
       Virginia Class Submarine (AP), $2,796,401,000;
       CVN Refueling Overhauls (AP), $449,597,000;
       DDG-1000 Program, $270,965,000;
       DDG-51 Destroyer, $5,171,827,000;
       DDG-51 Destroyer (AP), $641,928,000;
       Littoral Combat Ship, $1,121,244,000;
       LPD-17, $500,000,000;
       Expeditionary Sea Base, $650,000,000;
       LHA Replacement (AP), $350,000,000;
       Expeditionary Fast Transport, $225,000,000;
       TAO Fleet Oiler, $977,104,000;
       TAO Fleet Oiler (AP), $75,046,000;
       Towing Salvage and Rescue Ship, $80,517,000;
       LCU 1700, $41,520,000;
       Ship to Shore Connector, $325,375,000;
       Service Craft, $97,062,000;
       LCAC SLEP, $23,321,000;
       For outfitting, post delivery, conversions, and first 
     destination transportation, $550,038,000;
       Completion of Prior Year Shipbuilding Programs, 
     $207,099,000; and
       Cable Ship, $250,000,000.
       In all: $23,992,937,000, to remain available for obligation 
     until September 30, 2023:  Provided, That additional 
     obligations may be incurred after September 30, 2023, for 
     engineering services, tests, evaluations, and other such 
     budgeted work that must be performed in the final stage of 
     ship construction:  Provided further, That none of the funds 
     provided under this heading for the construction or 
     conversion of any naval vessel to be constructed in shipyards 
     in the United States shall be expended in foreign facilities 
     for the construction of major components of such vessel:  
     Provided further, That none of the funds provided under this 
     heading shall be used for the construction of any naval 
     vessel in foreign shipyards:  Provided further, That funds 
     appropriated or otherwise made available by this Act for 
     production of the common missile compartment of nuclear-
     powered vessels may be available for multiyear procurement of 
     critical components to support continuous production of such 
     compartments only in accordance with the provisions of 
     subsection (i) of section 2218a of title 10, United States 
     Code (as added by section 1023 of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328)).

                        Other Procurement, Navy

       For procurement, production, and modernization of support 
     equipment and materials not otherwise provided for, Navy 
     ordnance (except ordnance for new aircraft, new ships, and 
     ships authorized for conversion); the purchase of passenger 
     motor vehicles for replacement only; expansion of public and 
     private plants, including the land necessary therefor, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway, 
     $10,393,562,000, to remain available for obligation until 
     September 30, 2021.

                       Procurement, Marine Corps

       For expenses necessary for the procurement, manufacture, 
     and modification of missiles, armament, military equipment, 
     spare parts, and accessories therefor; plant equipment, 
     appliances, and machine tools, and installation thereof in 
     public and private plants; reserve plant and Government and 
     contractor-owned equipment layaway; vehicles for the Marine 
     Corps, including the purchase of passenger motor vehicles for 
     replacement only; and expansion of public and private plants, 
     including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, 
     $2,800,997,000, to remain available for obligation until 
     September 30, 2021.

                    Aircraft Procurement, Air Force

       For construction, procurement, and modification of aircraft 
     and equipment, including armor and armament, specialized 
     ground handling equipment, and training devices, spare parts, 
     and accessories therefor; specialized equipment; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $15,772,473,000, to remain available for obligation until 
     September 30, 2021.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, rockets, and related equipment, including spare 
     parts and accessories therefor; ground handling equipment, 
     and training devices; expansion of public and private plants, 
     Government-owned equipment and installation thereof in such 
     plants, erection of structures, and acquisition of land, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway; and other expenses 
     necessary for the foregoing purposes including rents and 
     transportation of things, $2,614,954,000, to remain available 
     for obligation until September 30, 2021.

                      Space Procurement, Air Force

       For construction, procurement, and modification of 
     spacecraft, rockets, and related equipment, including spare 
     parts and accessories therefor; ground handling equipment, 
     and training devices; expansion of public and private plants, 
     Government-owned equipment and installation thereof in such 
     plants, erection of structures, and acquisition of land, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway; and other expenses 
     necessary for the foregoing purposes including rents and 
     transportation of things, $2,224,142,000, to remain available 
     for obligation until September 30, 2021.

                  Procurement of Ammunition, Air Force

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,564,880,000, to remain available for obligation until 
     September 30, 2021.

                      Other Procurement, Air Force

       For procurement and modification of equipment (including 
     ground guidance and electronic control equipment, and ground 
     electronic and communication equipment), and supplies, 
     materials, and spare parts therefor, not otherwise provided 
     for; the purchase of passenger motor vehicles for replacement 
     only; lease of passenger motor vehicles; and expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon, prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway, $20,839,366,000, to remain available for obligation 
     until September 30, 2021.

                       Procurement, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments) necessary 
     for procurement, production, and modification of equipment, 
     supplies, materials, and spare parts therefor, not otherwise 
     provided for; the purchase of passenger motor vehicles for 
     replacement only; expansion of public and private plants, 
     equipment, and installation thereof in such plants, erection 
     of structures, and acquisition of land for the foregoing 
     purposes, and such lands and interests therein, may be 
     acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway, $6,663,821,000, to remain 
     available for obligation until September 30, 2021.

              National Guard and Reserve Equipment Account

       For procurement of rotary-wing aircraft; combat, tactical 
     and support vehicles; other weapons; and other procurement 
     items for the reserve components of the Armed Forces, 
     $900,000,000, to remain available for obligation until 
     September 30, 2021:  Provided, That the Chiefs of National 
     Guard and Reserve components shall, not later than 30 days 
     after enactment of this Act, individually submit to the 
     congressional defense committees the modernization priority 
     assessment for their respective National Guard or Reserve 
     component:  Provided further, That none of the funds made 
     available by this paragraph may be used to procure manned 
     fixed wing aircraft, or procure or modify missiles, 
     munitions, or ammunition.

                    Defense Production Act Purchases

       For activities by the Department of Defense pursuant to 
     sections 108, 301, 302, and 303 of the Defense Production Act 
     of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $38,578,000, 
     to remain available until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For expenses necessary for basic and applied scientific 
     research, development, test

[[Page S5626]]

     and evaluation, including maintenance, rehabilitation, lease, 
     and operation of facilities and equipment, $10,812,458,000, 
     to remain available for obligation until September 30, 2020.

            Research, Development, Test and Evaluation, Navy

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $18,992,064,000, to remain 
     available for obligation until September 30, 2020:  Provided, 
     That funds appropriated in this paragraph which are available 
     for the V-22 may be used to meet unique operational 
     requirements of the Special Operations Forces.

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $40,896,667,000, to remain 
     available for obligation until September 30, 2020.

        Research, Development, Test and Evaluation, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments), necessary 
     for basic and applied scientific research, development, test 
     and evaluation; advanced research projects as may be 
     designated and determined by the Secretary of Defense, 
     pursuant to law; maintenance, rehabilitation, lease, and 
     operation of facilities and equipment, $24,049,621,000, to 
     remain available for obligation until September 30, 2020.

                Operational Test and Evaluation, Defense

       For expenses, not otherwise provided for, necessary for the 
     independent activities of the Director, Operational Test and 
     Evaluation, in the direction and supervision of operational 
     test and evaluation, including initial operational test and 
     evaluation which is conducted prior to, and in support of, 
     production decisions; joint operational testing and 
     evaluation; and administrative expenses in connection 
     therewith, $381,009,000, to remain available for obligation 
     until September 30, 2020.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For the Defense Working Capital Funds, $1,641,115,000.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For expenses, not otherwise provided for, for medical and 
     health care programs of the Department of Defense as 
     authorized by law, $34,135,992,000; of which $31,588,995,000 
     shall be for operation and maintenance, of which not to 
     exceed one percent shall remain available for obligation 
     until September 30, 2020, and of which up to $15,152,801,000 
     may be available for contracts entered into under the TRICARE 
     program; of which $873,160,000, to remain available for 
     obligation until September 30, 2021, shall be for 
     procurement; and of which $1,673,837,000, to remain available 
     for obligation until September 30, 2020, shall be for 
     research, development, test and evaluation:  Provided, That 
     of the funds provided under this heading for research, 
     development, test and evaluation, not less than $761,500,000 
     shall be made available to the United States Army Medical 
     Research and Materiel Command to carry out the 
     congressionally directed medical research programs.

           Chemical Agents and Munitions Destruction, Defense

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions in accordance with the provisions of 
     section 1412 of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521), and for the destruction of other 
     chemical warfare materials that are not in the chemical 
     weapon stockpile, $993,816,000, of which $105,997,000 shall 
     be for operation and maintenance, of which no less than 
     $52,735,000 shall be for the Chemical Stockpile Emergency 
     Preparedness Program, consisting of $21,600,000 for 
     activities on military installations and $31,135,000, to 
     remain available until September 30, 2020, to assist State 
     and local governments; $1,091,000 shall be for procurement, 
     to remain available until September 30, 2021, of which 
     $1,091,000 shall be for the Chemical Stockpile Emergency 
     Preparedness Program to assist State and local governments; 
     and $886,728,000, to remain available until September 30, 
     2020, shall be for research, development, test and 
     evaluation, of which $880,283,000 shall only be for the 
     Assembled Chemical Weapons Alternatives program.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

       For drug interdiction and counter-drug activities of the 
     Department of Defense, for transfer to appropriations 
     available to the Department of Defense for military personnel 
     of the reserve components serving under the provisions of 
     title 10 and title 32, United States Code; for operation and 
     maintenance; for procurement; and for research, development, 
     test and evaluation, $872,525,000, of which $507,171,000 
     shall be for counter-narcotics support; $117,900,000 shall be 
     for the drug demand reduction program; $217,178,000 shall be 
     for the National Guard counter-drug program; and $30,276,000 
     shall be for the National Guard counter-drug schools program: 
      Provided, That the funds appropriated under this heading 
     shall be available for obligation for the same time period 
     and for the same purpose as the appropriation to which 
     transferred:  Provided further, That upon a determination 
     that all or part of the funds transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority contained elsewhere in this Act.

                    Office of the Inspector General

       For expenses and activities of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $329,273,000, of which 
     $325,236,000 shall be for operation and maintenance, of which 
     not to exceed $700,000 is available for emergencies and 
     extraordinary expenses to be expended on the approval or 
     authority of the Inspector General, and payments may be made 
     on the Inspector General's certificate of necessity for 
     confidential military purposes; of which $60,000, to remain 
     available for obligation until September 30, 2021, shall be 
     for procurement; and of which $3,977,000, to remain available 
     until September 30, 2020, shall be for research, development, 
     test and evaluation.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

       For payment to the Central Intelligence Agency Retirement 
     and Disability System Fund, to maintain the proper funding 
     level for continuing the operation of the Central 
     Intelligence Agency Retirement and Disability System, 
     $514,000,000.

               Intelligence Community Management Account

       For necessary expenses of the Intelligence Community 
     Management Account, $529,624,000.

                               TITLE VIII

                           GENERAL PROVISIONS

       Sec. 8001.  No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002.  During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense:  Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher:  Provided further, That this section shall not 
     apply to Department of Defense foreign service national 
     employees serving at United States diplomatic missions whose 
     pay is set by the Department of State under the Foreign 
     Service Act of 1980:  Provided further, That the limitations 
     of this provision shall not apply to foreign national 
     employees of the Department of Defense in the Republic of 
     Turkey.
       Sec. 8003.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, unless expressly so provided herein.
       Sec. 8004.  No more than 20 percent of the appropriations 
     in this Act which are limited for obligation during the 
     current fiscal year shall be obligated during the last 2 
     months of the fiscal year:  Provided, That this section shall 
     not apply to obligations for support of active duty training 
     of reserve components or summer camp training of the Reserve 
     Officers' Training Corps.

                          (transfer of funds)

       Sec. 8005.  Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, he 
     may, with the approval of the Office of Management and 
     Budget, transfer not to exceed $4,000,000,000 of working 
     capital funds of the Department of Defense or funds made 
     available in this Act to the Department of Defense for 
     military functions (except military construction) between 
     such appropriations or funds or any subdivision thereof, to 
     be merged with and to be available for the same purposes, and 
     for the same time period, as the appropriation or fund to 
     which transferred:  Provided, That such authority to transfer 
     may not be used unless for higher priority items, based on 
     unforeseen military requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by the Congress:  
     Provided further, That the Secretary of Defense shall notify 
     the Congress promptly of all transfers made pursuant to this 
     authority or any other authority in this Act:  Provided 
     further, That no part of the funds in this Act shall be 
     available to prepare or present a request to the Committees 
     on Appropriations for reprogramming of funds, unless for 
     higher priority items, based on unforeseen military 
     requirements, than those for which originally

[[Page S5627]]

     appropriated and in no case where the item for which 
     reprogramming is requested has been denied by the Congress:  
     Provided further, That a request for multiple reprogrammings 
     of funds using authority provided in this section shall be 
     made prior to June 30, 2019:  Provided further, That 
     transfers among military personnel appropriations shall not 
     be taken into account for purposes of the limitation on the 
     amount of funds that may be transferred under this section.
       Sec. 8006. (a) With regard to the list of specific 
     programs, projects, and activities (and the dollar amounts 
     and adjustments to budget activities corresponding to such 
     programs, projects, and activities) contained in the tables 
     titled ``Committee Recommended Adjustments'' in the 
     explanatory statement regarding this Act, the obligation and 
     expenditure of amounts appropriated or otherwise made 
     available in this Act for those programs, projects, and 
     activities for which the amounts appropriated exceed the 
     amounts requested are hereby required by law to be carried 
     out in the manner provided by such tables to the same extent 
     as if the tables were included in the text of this Act.
       (b) Amounts specified in the referenced tables described in 
     subsection (a) shall not be treated as subdivisions of 
     appropriations for purposes of section 8005 of this Act:  
     Provided, That section 8005 shall apply when transfers of the 
     amounts described in subsection (a) occur between 
     appropriation accounts.
       Sec. 8007. (a) Not later than 60 days after enactment of 
     this Act, the Department of Defense shall submit a report to 
     the congressional defense committees to establish the 
     baseline for application of reprogramming and transfer 
     authorities for fiscal year 2019:  Provided, That the report 
     shall include--
       (1) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) a delineation in the table for each appropriation both 
     by budget activity and program, project, and activity as 
     detailed in the Budget Appendix; and
       (3) an identification of items of special congressional 
     interest.
       (b) Notwithstanding section 8005 of this Act, none of the 
     funds provided in this Act shall be available for 
     reprogramming or transfer until the report identified in 
     subsection (a) is submitted to the congressional defense 
     committees, unless the Secretary of Defense certifies in 
     writing to the congressional defense committees that such 
     reprogramming or transfer is necessary as an emergency 
     requirement:  Provided, That this subsection shall not apply 
     to transfers from the following appropriations accounts:
       (1) ``Environmental Restoration, Army'';
       (2) ``Environmental Restoration, Navy'';
       (3) ``Environmental Restoration, Air Force'';
       (4) ``Environmental Restoration, Defense-Wide'';
       (5) ``Environmental Restoration, Formerly Used Defense 
     Sites''; and
       (6) ``Drug Interdiction and Counter-drug Activities, 
     Defense''.

                          (transfer of funds)

       Sec. 8008.  During the current fiscal year, cash balances 
     in working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds:  Provided, That transfers may be made between 
     such funds:  Provided further, That transfers may be made 
     between working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer:  Provided 
     further, That except in amounts equal to the amounts 
     appropriated to working capital funds in this Act, no 
     obligations may be made against a working capital fund to 
     procure or increase the value of war reserve material 
     inventory, unless the Secretary of Defense has notified the 
     Congress prior to any such obligation.
       Sec. 8009.  Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in advance to the congressional 
     defense committees.
       Sec. 8010.  None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any one year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any one year, unless the 
     congressional defense committees have been notified at least 
     30 days in advance of the proposed contract award:  Provided, 
     That no part of any appropriation contained in this Act shall 
     be available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability:  Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act:  Provided further, That no 
     multiyear procurement contract can be terminated without 30-
     day prior notification to the congressional defense 
     committees:  Provided further, That the execution of 
     multiyear authority shall require the use of a present value 
     analysis to determine lowest cost compared to an annual 
     procurement:  Provided further, That none of the funds 
     provided in this Act may be used for a multiyear contract 
     executed after the date of the enactment of this Act unless 
     in the case of any such contract--
       (1) the Secretary of Defense has submitted to Congress a 
     budget request for full funding of units to be procured 
     through the contract and, in the case of a contract for 
     procurement of aircraft, that includes, for any aircraft unit 
     to be procured through the contract for which procurement 
     funds are requested in that budget request for production 
     beyond advance procurement activities in the fiscal year 
     covered by the budget, full funding of procurement of such 
     unit in that fiscal year;
       (2) cancellation provisions in the contract do not include 
     consideration of recurring manufacturing costs of the 
     contractor associated with the production of unfunded units 
     to be delivered under the contract;
       (3) the contract provides that payments to the contractor 
     under the contract shall not be made in advance of incurred 
     costs on funded units; and
       (4) the contract does not provide for a price adjustment 
     based on a failure to award a follow-on contract.
       Funds appropriated in title III of this Act may be used for 
     multiyear procurement contracts for any or all of the 
     following projects:
       (1) Standard Missile-3 IB;
       (2) Standard Missile-6;
       (3) F/A-18E/F Super Hornet and EA-18G Aircraft variants;
       (4) E-2D Advanced Hawkeye (AHE) Aircraft; and
       (5) C-130J, KC-130J, HC-130J; MC-130J, AC-130J Aircraft:
       Provided, That the multiyear procurement authority for the 
     E-2D Advanced Hawkeye (AHE) and the F/A-18E/F Super Hornet 
     programs provided for by this section shall be subject to the 
     certification requirement in section 2306b(i) of title 10, 
     United States Code, with the cost analysis in connection with 
     such certification to be current as of the date of such 
     certification and to be submitted to Congress prior to the 
     Secretary exercising the authority in accordance with section 
     2306b(i)(3) of title 10, United States Code:  Provided 
     further, That the multiyear procurement authority for the 
     Standard Missile--6 program provided for by this section 
     shall be subject to the certification requirement in section 
     2306b(i) of title 10, United States Code, with the cost 
     analysis in connection with such certification to be current 
     as of the date of such certification and to be submitted to 
     Congress prior to the Secretary exercising the authority in 
     accordance with section 2306b(i)(3) of title 10, United 
     States Code.
       Sec. 8011.  Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     as required by section 401(d) of title 10, United States 
     Code:  Provided, That funds available for operation and 
     maintenance shall be available for providing humanitarian and 
     similar assistance by using Civic Action Teams in the Trust 
     Territories of the Pacific Islands and freely associated 
     states of Micronesia, pursuant to the Compact of Free 
     Association as authorized by Public Law 99-239:  Provided 
     further, That upon a determination by the Secretary of the 
     Army that such action is beneficial for graduate medical 
     education programs conducted at Army medical facilities 
     located in Hawaii, the Secretary of the Army may authorize 
     the provision of medical services at such facilities and 
     transportation to such facilities, on a nonreimbursable 
     basis, for civilian patients from American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Marshall 
     Islands, the Federated States of Micronesia, Palau, and Guam.
       Sec. 8012. (a) During the current fiscal year, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2020 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2020 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2020.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8013.  None of the funds made available by this Act 
     shall be used in any way, directly

[[Page S5628]]

     or indirectly, to influence congressional action on any 
     legislation or appropriation matters pending before the 
     Congress.
       Sec. 8014.  None of the funds appropriated by this Act 
     shall be available for the basic pay and allowances of any 
     member of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment:  Provided, That this 
     section shall not apply to those members who have reenlisted 
     with this option prior to October 1, 1987:  Provided further, 
     That this section applies only to active components of the 
     Army.

                          (transfer of funds)

       Sec. 8015.  Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8016.  None of the funds appropriated by this Act 
     shall be used for the support of any nonappropriated funds 
     activity of the Department of Defense that procures malt 
     beverages and wine with nonappropriated funds for resale 
     (including such alcoholic beverages sold by the drink) on a 
     military installation located in the United States unless 
     such malt beverages and wine are procured within that State, 
     or in the case of the District of Columbia, within the 
     District of Columbia, in which the military installation is 
     located:  Provided, That, in a case in which the military 
     installation is located in more than one State, purchases may 
     be made in any State in which the installation is located:  
     Provided further, That such local procurement requirements 
     for malt beverages and wine shall apply to all alcoholic 
     beverages only for military installations in States which are 
     not contiguous with another State:  Provided further, That 
     alcoholic beverages other than wine and malt beverages, in 
     contiguous States and the District of Columbia shall be 
     procured from the most competitive source, price and other 
     factors considered.
       Sec. 8017.  None of the funds available to the Department 
     of Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols, or to demilitarize or 
     destroy small arms ammunition or ammunition components that 
     are not otherwise prohibited from commercial sale under 
     Federal law, unless the small arms ammunition or ammunition 
     components are certified by the Secretary of the Army or 
     designee as unserviceable or unsafe for further use.
       Sec. 8018.  No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region:  Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8019.  Of the funds made available in this Act, up to 
     $15,000,000 may be available for incentive payments 
     authorized by section 504 of the Indian Financing Act of 1974 
     (25 U.S.C. 1544):  Provided, That a prime contractor or a 
     subcontractor at any tier that makes a subcontract award to 
     any subcontractor or supplier as defined in section 1544 of 
     title 25, United States Code, or a small business owned and 
     controlled by an individual or individuals defined under 
     section 4221(9) of title 25, United States Code, shall be 
     considered a contractor for the purposes of being allowed 
     additional compensation under section 504 of the Indian 
     Financing Act of 1974 (25 U.S.C. 1544) whenever the prime 
     contract or subcontract amount is over $500,000 and involves 
     the expenditure of funds appropriated by an Act making 
     appropriations for the Department of Defense with respect to 
     any fiscal year:  Provided further, That notwithstanding 
     section 1906 of title 41, United States Code, this section 
     shall be applicable to any Department of Defense acquisition 
     of supplies or services, including any contract and any 
     subcontract at any tier for acquisition of commercial items 
     produced or manufactured, in whole or in part, by any 
     subcontractor or supplier defined in section 1544 of title 
     25, United States Code, or a small business owned and 
     controlled by an individual or individuals defined under 
     section 4221(9) of title 25, United States Code.
       Sec. 8020.  Funds appropriated by this Act for the Defense 
     Media Activity shall not be used for any national or 
     international political or psychological activities.
       Sec. 8021.  During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section:  Provided, That, upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.
       Sec. 8022. (a) Of the funds made available in this Act, not 
     less than $46,100,000 shall be available for the Civil Air 
     Patrol Corporation, of which--
       (1) $33,600,000 shall be available from ``Operation and 
     Maintenance, Air Force'' to support Civil Air Patrol 
     Corporation operation and maintenance, readiness, counter-
     drug activities, and drug demand reduction activities 
     involving youth programs;
       (2) $10,800,000 shall be available from ``Aircraft 
     Procurement, Air Force''; and
       (3) $1,700,000 shall be available from ``Other Procurement, 
     Air Force'' for vehicle procurement.
       (b) The Secretary of the Air Force should waive 
     reimbursement for any funds used by the Civil Air Patrol for 
     counter-drug activities in support of Federal, State, and 
     local government agencies.
       Sec. 8023. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other nonprofit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year:  Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during the 
     current fiscal year may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings not located on a military installation, for payment 
     of cost sharing for projects funded by Government grants, for 
     absorption of contract overruns, or for certain charitable 
     contributions, not to include employee participation in 
     community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2019, 
     not more than 6,030 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs:  Provided, That, of 
     the specific amount referred to previously in this 
     subsection, not more than 1,125 staff years may be funded for 
     the defense studies and analysis FFRDCs:  Provided further, 
     That this subsection shall not apply to staff years funded in 
     the National Intelligence Program (NIP) and the Military 
     Intelligence Program (MIP).
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2020 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year and the associated budget estimates.
       (f) Notwithstanding any other provision of this Act, the 
     total amount appropriated in this Act for FFRDCs is hereby 
     reduced by $179,000,000:  Provided, That this subsection 
     shall not apply to appropriations for the National 
     Intelligence Program (NIP) and the Military Intelligence 
     Program (MIP).
       Sec. 8024.  None of the funds appropriated or made 
     available in this Act shall be used to procure carbon, alloy, 
     or armor steel plate for use in any Government-owned facility 
     or property under the control of the Department of Defense 
     which were not melted and rolled in the United States or 
     Canada:  Provided, That these procurement restrictions shall 
     apply to any and all Federal Supply Class 9515, American 
     Society of Testing and Materials (ASTM) or American Iron and 
     Steel Institute (AISI) specifications of carbon, alloy or 
     armor steel plate:  Provided further, That the Secretary of 
     the military department responsible for the procurement may 
     waive this restriction on a case-by-case basis by certifying 
     in writing to the Committees on Appropriations of the House 
     of Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes:  Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8025.  For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8026.  During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms:  Provided, That the 
     Senior Acquisition Executive of the military department or 
     Defense Agency concerned, with power of delegation, shall 
     certify that successful bids include comparable

[[Page S5629]]

     estimates of all direct and indirect costs for both public 
     and private bids:  Provided further, That Office of 
     Management and Budget Circular A-76 shall not apply to 
     competitions conducted under this section.
       Sec. 8027. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2019. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means chapter 83 of title 41, United States Code.
       Sec. 8028.  During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8029. (a) Notwithstanding any other provision of law, 
     the Secretary of the Air Force may convey at no cost to the 
     Air Force, without consideration, to Indian tribes located in 
     the States of Nevada, Idaho, North Dakota, South Dakota, 
     Montana, Oregon, Minnesota, and Washington relocatable 
     military housing units located at Grand Forks Air Force Base, 
     Malmstrom Air Force Base, Mountain Home Air Force Base, 
     Ellsworth Air Force Base, and Minot Air Force Base that are 
     excess to the needs of the Air Force.
       (b) The Secretary of the Air Force shall convey, at no cost 
     to the Air Force, military housing units under subsection (a) 
     in accordance with the request for such units that are 
     submitted to the Secretary by the Operation Walking Shield 
     Program on behalf of Indian tribes located in the States of 
     Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, 
     Minnesota, and Washington. Any such conveyance shall be 
     subject to the condition that the housing units shall be 
     removed within a reasonable period of time, as determined by 
     the Secretary.
       (c) The Operation Walking Shield Program shall resolve any 
     conflicts among requests of Indian tribes for housing units 
     under subsection (a) before submitting requests to the 
     Secretary of the Air Force under subsection (b).
       (d) In this section, the term ``Indian tribe'' means any 
     recognized Indian tribe included on the current list 
     published by the Secretary of the Interior under section 104 
     of the Federally Recognized Indian Tribe Act of 1994 (Public 
     Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
       Sec. 8030.  During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $250,000.
       Sec. 8031.  Up to $10,518,000 of the funds appropriated 
     under the heading ``Operation and Maintenance, Navy'' may be 
     made available for the Asia Pacific Regional Initiative 
     Program for the purpose of enabling the Pacific Command to 
     execute Theater Security Cooperation activities such as 
     humanitarian assistance, and payment of incremental and 
     personnel costs of training and exercising with foreign 
     security forces:  Provided, That funds made available for 
     this purpose may be used, notwithstanding any other funding 
     authorities for humanitarian assistance, security assistance 
     or combined exercise expenses:  Provided further, That funds 
     may not be obligated to provide assistance to any foreign 
     country that is otherwise prohibited from receiving such type 
     of assistance under any other provision of law.
       Sec. 8032.  The Secretary of Defense shall issue 
     regulations to prohibit the sale of any tobacco or tobacco-
     related products in military resale outlets in the United 
     States, its territories and possessions at a price below the 
     most competitive price in the local community:  Provided, 
     That such regulations shall direct that the prices of tobacco 
     or tobacco-related products in overseas military retail 
     outlets shall be within the range of prices established for 
     military retail system stores located in the United States.
       Sec. 8033. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during the current fiscal year to appropriations 
     made to the Department of Defense for procurement.
       (b) The fiscal year 2020 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2020 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2020 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8034.  None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2020:  Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended: 
      Provided further, That any funds appropriated or transferred 
     to the Central Intelligence Agency for advanced research and 
     development acquisition, for agent operations, and for covert 
     action programs authorized by the President under section 503 
     of the National Security Act of 1947 (50 U.S.C. 3093) shall 
     remain available until September 30, 2020.
       Sec. 8035.  Of the funds appropriated to the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $12,000,000 may be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation and cost to complete 
     estimates for mitigation, on Indian lands resulting from 
     Department of Defense activities.
       Sec. 8036. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means chapter 83 of title 41, United 
     States Code.
       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally affixing a label bearing 
     a ``Made in America'' inscription to any product sold in or 
     shipped to the United States that is not made in America, the 
     Secretary shall determine, in accordance with section 2410f 
     of title 10, United States Code, whether the person should be 
     debarred from contracting with the Department of Defense.
       (c) In the case of any equipment or products purchased with 
     appropriations provided under this Act, it is the sense of 
     the Congress that any entity of the Department of Defense, in 
     expending the appropriation, purchase only American-made 
     equipment and products, provided that American-made equipment 
     and products are cost-competitive, quality competitive, and 
     available in a timely fashion.
       Sec. 8037. (a) Except as provided in subsections (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and the Senate that the granting of the 
     waiver will reduce the personnel requirements or the 
     financial requirements of the department.
       (c) This section does not apply to--
       (1) field operating agencies funded within the National 
     Intelligence Program;
       (2) an Army field operating agency established to 
     eliminate, mitigate, or counter the effects of improvised 
     explosive devices, and, as determined by the Secretary of the 
     Army, other similar threats;
       (3) an Army field operating agency established to improve 
     the effectiveness and efficiencies of biometric activities 
     and to integrate common biometric technologies throughout the 
     Department of Defense; or
       (4) an Air Force field operating agency established to 
     administer the Air Force Mortuary Affairs Program and 
     Mortuary Operations for the Department of Defense and 
     authorized Federal entities.
       Sec. 8038. (a) None of the funds appropriated by this Act 
     shall be available to convert to contractor performance an 
     activity or function of the Department of Defense that, on or 
     after the date of the enactment of this Act, is performed by 
     Department of Defense civilian employees unless--
       (1) the conversion is based on the result of a public-
     private competition that includes a most efficient and cost 
     effective organization plan developed by such activity or 
     function;

[[Page S5630]]

       (2) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Department of Defense by an amount that 
     equals or exceeds the lesser of--
       (A) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (B) $10,000,000; and
       (3) the contractor does not receive an advantage for a 
     proposal that would reduce costs for the Department of 
     Defense by--
       (A) not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of that activity or function under the contract; 
     or
       (B) offering to such workers an employer-sponsored health 
     benefits plan that requires the employer to contribute less 
     towards the premium or subscription share than the amount 
     that is paid by the Department of Defense for health benefits 
     for civilian employees under chapter 89 of title 5, United 
     States Code.
       (b)(1) The Department of Defense, without regard to 
     subsection (a) of this section or subsection (a), (b), or (c) 
     of section 2461 of title 10, United States Code, and 
     notwithstanding any administrative regulation, requirement, 
     or policy to the contrary shall have full authority to enter 
     into a contract for the performance of any commercial or 
     industrial type function of the Department of Defense that--
       (A) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (section 
     8503 of title 41, United States Code);
       (B) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped individuals 
     in accordance with that Act; or
       (C) is planned to be converted to performance by a 
     qualified firm under at least 51 percent ownership by an 
     Indian tribe, as defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), or a Native Hawaiian Organization, as defined in 
     section 8(a)(15) of the Small Business Act (15 U.S.C. 
     637(a)(15)).
       (2) This section shall not apply to depot contracts or 
     contracts for depot maintenance as provided in sections 2469 
     and 2474 of title 10, United States Code.
       (c) The conversion of any activity or function of the 
     Department of Defense under the authority provided by this 
     section shall be credited toward any competitive or 
     outsourcing goal, target, or measurement that may be 
     established by statute, regulation, or policy and is deemed 
     to be awarded under the authority of, and in compliance with, 
     subsection (h) of section 2304 of title 10, United States 
     Code, for the competition or outsourcing of commercial 
     activities.

                             (rescissions)

       Sec. 8039.  Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:  Provided, That no amounts may be 
     rescinded from amounts that were designated by the Congress 
     for Overseas Contingency Operations/Global War on Terrorism 
     or as an emergency requirement pursuant to the Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended:
       ``Aircraft Procurement, Army'', 2017/2019, $16,000,000;
       ``Missile Procurement, Army'', 2017/2019, $12,900,000;
       ``Other Procurement, Army'', 2017/2019, $7,465,000;
       ``Other Procurement, Navy'', 2017/2019, $32,344,000;
       ``Aircraft Procurement, Air Force'', 2017/2019, 
     $179,029,000;
       ``Space Procurement, Air Force'', 2017/2019, $15,000,000;
       ``Other Procurement, Air Force'', 2017/2019, $29,600,000;
       ``Defense Health Program: Procurement'', 2017/2019, 
     $2,413,000;
       ``Aircraft Procurement, Army'', 2018/2020, $4,939,000;
       ``Missile Procurement, Army'', 2018/2020, $149,400,000;
       ``Procurement of Weapons and Tracked Combat Vehicles, 
     Army'', 2018/2020, $210,506,000;
       ``Other Procurement, Army'', 2018/2020, $115,389,000;
       ``Aircraft Procurement, Navy'', 2018/2020, $14,600,000;
       ``Other Procurement, Navy'', 2018/2020, $36,600,000;
       ``Aircraft Procurement, Air Force'', 2018/2020, 
     $254,166,000;
       ``Space Procurement, Air Force'', 2018/2020, $192,300,000;
       ``Procurement of Ammunition, Air Force'', 2018/2020, 
     $17,100,000;
       ``Other Procurement, Air Force'', 2018/2020, $128,500,000;
       ``Research, Development, Test and Evaluation, Army'', 2018/
     2019, $237,384,000;
       ``Research, Development, Test and Evaluation, Air Force'', 
     2018/2019, $505,300,000;
       ``Research, Development, Test and Evaluation, Defense-
     Wide'', 2018/2019, $25,000,000; and
       ``Defense Health Program: Procurement'', 2018/2020, 
     $215,000,000.
       Sec. 8040.  None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     technicians (dual status) of the Army National Guard, Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     technicians (dual status), unless such reductions are a 
     direct result of a reduction in military force structure.
       Sec. 8041.  None of the funds appropriated or otherwise 
     made available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of Korea 
     unless specifically appropriated for that purpose.
       Sec. 8042.  Funds appropriated in this Act for operation 
     and maintenance of the Military Departments, Combatant 
     Commands and Defense Agencies shall be available for 
     reimbursement of pay, allowances and other expenses which 
     would otherwise be incurred against appropriations for the 
     National Guard and Reserve when members of the National Guard 
     and Reserve provide intelligence or counterintelligence 
     support to Combatant Commands, Defense Agencies and Joint 
     Intelligence Activities, including the activities and 
     programs included within the National Intelligence Program 
     and the Military Intelligence Program:  Provided, That 
     nothing in this section authorizes deviation from established 
     Reserve and National Guard personnel and training procedures.
       Sec. 8043. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction or counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.
       Sec. 8044.  Of the amounts appropriated for ``Working 
     Capital Fund, Army'', $99,000,000 shall be available to 
     maintain competitive rates at the arsenals.
       Sec. 8045.  In addition to the amounts appropriated or 
     otherwise made available elsewhere in this Act, $20,000,000 
     is hereby appropriated to the Department of Defense:  
     Provided, That upon the determination of the Secretary of 
     Defense that it shall serve the national interest, the 
     Secretary shall make grants in the amounts specified as 
     follows: $20,000,000 to the United Service Organizations.
       Sec. 8046.  None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes that is not available from United States 
     manufacturers.
       Sec. 8047.  Notwithstanding any other provision in this 
     Act, the Small Business Innovation Research program and the 
     Small Business Technology Transfer program set-asides shall 
     be taken proportionally from all programs, projects, or 
     activities to the extent they contribute to the extramural 
     budget.
       Sec. 8048.  None of the funds available to the Department 
     of Defense under this Act shall be obligated or expended to 
     pay a contractor under a contract with the Department of 
     Defense for costs of any amount paid by the contractor to an 
     employee when--
       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.

                     (including transfer of funds)

       Sec. 8049.  During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such personnel in 
     connection with support and services for eligible 
     organizations and activities outside the Department of 
     Defense pursuant to section 2012 of title 10, United States 
     Code.
       Sec. 8050.  During the current fiscal year, in the case of 
     an appropriation account of the Department of Defense for 
     which the period of availability for obligation has expired 
     or which has closed under the provisions of section 1552 of 
     title 31, United States Code, and which has a negative 
     unliquidated or unexpended balance, an obligation or an 
     adjustment of an obligation may be charged to any current 
     appropriation account for the same purpose as the expired or 
     closed account if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of the 
     National Defense Authorization Act for Fiscal Year 1991, 
     Public Law 101-510, as amended (31 U.S.C. 1551 note):  
     Provided, That

[[Page S5631]]

     in the case of an expired account, if subsequent review or 
     investigation discloses that there was not in fact a negative 
     unliquidated or unexpended balance in the account, any charge 
     to a current account under the authority of this section 
     shall be reversed and recorded against the expired account:  
     Provided further, That the total amount charged to a current 
     appropriation under this section may not exceed an amount 
     equal to 1 percent of the total appropriation for that 
     account.
       Sec. 8051. (a) Notwithstanding any other provision of law, 
     the Chief of the National Guard Bureau may permit the use of 
     equipment of the National Guard Distance Learning Project by 
     any person or entity on a space-available, reimbursable 
     basis. The Chief of the National Guard Bureau shall establish 
     the amount of reimbursement for such use on a case-by-case 
     basis.
       (b) Amounts collected under subsection (a) shall be 
     credited to funds available for the National Guard Distance 
     Learning Project and be available to defray the costs 
     associated with the use of equipment of the project under 
     that subsection. Such funds shall be available for such 
     purposes without fiscal year limitation.

                     (including transfer of funds)

       Sec. 8052.  Of the funds appropriated in this Act under the 
     heading ``Operation and Maintenance, Defense-wide'', 
     $25,000,000 shall be for continued implementation and 
     expansion of the Sexual Assault Special Victims' Counsel 
     Program:  Provided, That the funds are made available for 
     transfer to the Department of the Army, the Department of the 
     Navy, and the Department of the Air Force:  Provided further, 
     That funds transferred shall be merged with and available for 
     the same purposes and for the same time period as the 
     appropriations to which the funds are transferred:  Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority provided in this Act.
       Sec. 8053.  None of the funds appropriated in title IV of 
     this Act may be used to procure end-items for delivery to 
     military forces for operational training, operational use or 
     inventory requirements:  Provided, That this restriction does 
     not apply to end-items used in development, prototyping, and 
     test activities preceding and leading to acceptance for 
     operational use:  Provided further, That the Secretary of 
     Defense shall, with submission of the department's fiscal 
     year 2020 budget request, submit a report detailing the use 
     of funds requested in research, development, test and 
     evaluation accounts for end-items used in development, 
     prototyping and test activities preceding and leading to 
     acceptance for operational use:  Provided further, That this 
     restriction does not apply to programs funded within the 
     National Intelligence Program:  Provided further, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that it is in the national security interest to do so.
       Sec. 8054. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that country 
     would invalidate cooperative programs entered into between 
     the Department of Defense and the foreign country, or would 
     invalidate reciprocal trade agreements for the procurement of 
     defense items entered into under section 2531 of title 10, 
     United States Code, and the country does not discriminate 
     against the same or similar defense items produced in the 
     United States for that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of public vessels, ball and roller bearings, 
     food, and clothing or textile materials as defined by section 
     XI (chapters 50-65) of the Harmonized Tariff Schedule of the 
     United States and products classified under headings 4010, 
     4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 
     7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 
     8108, 8109, 8211, 8215, and 9404.

                     (including transfer of funds)

       Sec. 8055.  Of the amounts appropriated for ``Operation and 
     Maintenance, Navy'', up to $1,000,000 shall be available for 
     transfer to the John C. Stennis Center for Public Service 
     Development Trust Fund established under section 116 of the 
     John C. Stennis Center for Public Service Training and 
     Development Act (2 U.S.C. 1105).
       Sec. 8056.  Notwithstanding any other provision of law, 
     funds appropriated in this Act under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' for any new 
     start advanced concept technology demonstration project or 
     joint capability demonstration project may only be obligated 
     45 days after a report, including a description of the 
     project, the planned acquisition and transition strategy and 
     its estimated annual and total cost, has been provided in 
     writing to the congressional defense committees:  Provided, 
     That the Secretary of Defense may waive this restriction on a 
     case-by-case basis by certifying to the congressional defense 
     committees that it is in the national interest to do so.
       Sec. 8057.  The Secretary of Defense shall continue to 
     provide a classified quarterly report to the House and Senate 
     Appropriations Committees, Subcommittees on Defense on 
     certain matters as directed in the classified annex 
     accompanying this Act.
       Sec. 8058.  Notwithstanding section 12310(b) of title 10, 
     United States Code, a Reserve who is a member of the National 
     Guard serving on full-time National Guard duty under section 
     502(f) of title 32, United States Code, may perform duties in 
     support of the ground-based elements of the National 
     Ballistic Missile Defense System.
       Sec. 8059.  None of the funds provided in this Act may be 
     used to transfer to any nongovernmental entity ammunition 
     held by the Department of Defense that has a center-fire 
     cartridge and a United States military nomenclature 
     designation of ``armor penetrator'', ``armor piercing (AP)'', 
     ``armor piercing incendiary (API)'', or ``armor-piercing 
     incendiary tracer (API-T)'', except to an entity performing 
     demilitarization services for the Department of Defense under 
     a contract that requires the entity to demonstrate to the 
     satisfaction of the Department of Defense that armor piercing 
     projectiles are either: (1) rendered incapable of reuse by 
     the demilitarization process; or (2) used to manufacture 
     ammunition pursuant to a contract with the Department of 
     Defense or the manufacture of ammunition for export pursuant 
     to a License for Permanent Export of Unclassified Military 
     Articles issued by the Department of State.
       Sec. 8060.  Notwithstanding any other provision of law, the 
     Chief of the National Guard Bureau, or his designee, may 
     waive payment of all or part of the consideration that 
     otherwise would be required under section 2667 of title 10, 
     United States Code, in the case of a lease of personal 
     property for a period not in excess of 1 year to any 
     organization specified in section 508(d) of title 32, United 
     States Code, or any other youth, social, or fraternal 
     nonprofit organization as may be approved by the Chief of the 
     National Guard Bureau, or his designee, on a case-by-case 
     basis.

                     (including transfer of funds)

       Sec. 8061.  Of the amounts appropriated in this Act under 
     the heading ``Operation and Maintenance, Army'', $62,483,700 
     shall remain available until expended:  Provided, That, 
     notwithstanding any other provision of law, the Secretary of 
     Defense is authorized to transfer such funds to other 
     activities of the Federal Government:  Provided further, That 
     the Secretary of Defense is authorized to enter into and 
     carry out contracts for the acquisition of real property, 
     construction, personal services, and operations related to 
     projects carrying out the purposes of this section:  Provided 
     further, That contracts entered into under the authority of 
     this section may provide for such indemnification as the 
     Secretary determines to be necessary:  Provided further, That 
     projects authorized by this section shall comply with 
     applicable Federal, State, and local law to the maximum 
     extent consistent with the national security, as determined 
     by the Secretary of Defense.
       Sec. 8062. (a) None of the funds appropriated in this or 
     any other Act may be used to take any action to modify--
       (1) the appropriations account structure for the National 
     Intelligence Program budget, including through the creation 
     of a new appropriation or new appropriation account;
       (2) how the National Intelligence Program budget request is 
     presented in the unclassified P-1, R-1, and O-1 documents 
     supporting the Department of Defense budget request;
       (3) the process by which the National Intelligence Program 
     appropriations are apportioned to the executing agencies; or
       (4) the process by which the National Intelligence Program 
     appropriations are allotted, obligated and disbursed.
       (b) Nothing in section (a) shall be construed to prohibit 
     the merger of programs or changes to the National 
     Intelligence Program budget at or below the Expenditure 
     Center level, provided such change is otherwise in accordance 
     with paragraphs (a)(1)-(3).
       (c) The Director of National Intelligence and the Secretary 
     of Defense may jointly, only for the purposes of achieving 
     auditable financial statements and improving fiscal 
     reporting, study and develop detailed proposals for 
     alternative financial management processes. Such study shall 
     include a comprehensive counterintelligence risk assessment 
     to ensure that none of the alternative processes will 
     adversely affect counterintelligence.
       (d) Upon development of the detailed proposals defined 
     under subsection (c), the Director of National Intelligence 
     and the Secretary of Defense shall--
       (1) provide the proposed alternatives to all affected 
     agencies;
       (2) receive certification from all affected agencies 
     attesting that the proposed alternatives will help achieve 
     auditability, improve fiscal reporting, and will not 
     adversely affect counterintelligence; and
       (3) not later than 30 days after receiving all necessary 
     certifications under paragraph (2), present the proposed 
     alternatives and certifications to the congressional defense 
     and intelligence committees.
       Sec. 8063.  None of the funds available to the Department 
     of Defense may be obligated to modify command and control 
     relationships to give Fleet Forces Command operational and 
     administrative control of United

[[Page S5632]]

     States Navy forces assigned to the Pacific fleet:  Provided, 
     That the command and control relationships which existed on 
     October 1, 2004, shall remain in force until a written 
     modification has been proposed to the House and Senate 
     Appropriations Committees:  Provided further, That the 
     proposed modification may be implemented 30 days after the 
     notification unless an objection is received from either the 
     House or Senate Appropriations Committees:  Provided further, 
     That any proposed modification shall not preclude the ability 
     of the commander of United States Pacific Command to meet 
     operational requirements.
       Sec. 8064.  Any notice that is required to be submitted to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives under section 806(c)(4) of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003 (10 
     U.S.C. 2302 note) after the date of the enactment of this Act 
     shall be submitted pursuant to that requirement concurrently 
     to the Subcommittees on Defense of the Committees on 
     Appropriations of the Senate and the House of 
     Representatives.

                     (including transfer of funds)

       Sec. 8065.  Of the amounts appropriated in this Act under 
     the headings ``Procurement, Defense-Wide'' and ``Research, 
     Development, Test and Evaluation, Defense-Wide'', 
     $500,000,000 shall be for the Israeli Cooperative Programs:  
     Provided, That of this amount, $70,000,000 shall be for the 
     Secretary of Defense to provide to the Government of Israel 
     for the procurement of the Iron Dome defense system to 
     counter short-range rocket threats, subject to the U.S.-
     Israel Iron Dome Procurement Agreement, as amended; 
     $187,000,000 shall be for the Short Range Ballistic Missile 
     Defense (SRBMD) program, including cruise missile defense 
     research and development under the SRBMD program, of which 
     $50,000,000 shall be for co-production activities of SRBMD 
     systems in the United States and in Israel to meet Israel's 
     defense requirements consistent with each nation's laws, 
     regulations, and procedures, subject to the U.S.-Israeli co-
     production agreement for SRBMD, as amended; $80,000,000 shall 
     be for an upper-tier component to the Israeli Missile Defense 
     Architecture, of which $80,000,000 shall be for co-production 
     activities of Arrow 3 Upper Tier systems in the United States 
     and in Israel to meet Israel's defense requirements 
     consistent with each nation's laws, regulations, and 
     procedures, subject to the U.S.-Israeli co-production 
     agreement for Arrow 3 Upper Tier, as amended; and 
     $163,000,000 shall be for the Arrow System Improvement 
     Program including development of a long range, ground and 
     airborne, detection suite:  Provided further, That the 
     transfer authority provided under this provision is in 
     addition to any other transfer authority contained in this 
     Act.

                     (including transfer of funds)

       Sec. 8066.  Of the amounts appropriated in this Act under 
     the heading ``Shipbuilding and Conversion, Navy'', 
     $207,099,000 shall be available until September 30, 2019, to 
     fund prior year shipbuilding cost increases:  Provided, That 
     upon enactment of this Act, the Secretary of the Navy shall 
     transfer funds to the following appropriations in the amounts 
     specified:  Provided further, That the amounts transferred 
     shall be merged with and be available for the same purposes 
     as the appropriations to which transferred to:
       (1) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2011/2019: LHA Replacement $25,100,000;
       (2) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2013/2019: DDG-51 Destroyer $53,966,000;
       (3) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2014/2019: Littoral Combat Ship $19,498,000;
       (4) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2015/2019: Littoral Combat Ship $83,686,000;
       (5) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2015/2019: LCAC $9,400,000; and
       (6) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2016/2019: TAO Fleet Oiler $15,449,000.
       Sec. 8067.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 3094) during fiscal 
     year 2019 until the enactment of the Intelligence 
     Authorization Act for Fiscal Year 2019.
       Sec. 8068.  None of the funds provided in this Act shall be 
     available for obligation or expenditure through a 
     reprogramming of funds that creates or initiates a new 
     program, project, or activity unless such program, project, 
     or activity must be undertaken immediately in the interest of 
     national security and only after written prior notification 
     to the congressional defense committees.
       Sec. 8069.  The budget of the President for fiscal year 
     2020 submitted to the Congress pursuant to section 1105 of 
     title 31, United States Code, shall include separate budget 
     justification documents for costs of United States Armed 
     Forces' participation in contingency operations for the 
     Military Personnel accounts, the Operation and Maintenance 
     accounts, the Procurement accounts, and the Research, 
     Development, Test and Evaluation accounts:  Provided, That 
     these documents shall include a description of the funding 
     requested for each contingency operation, for each military 
     service, to include all Active and Reserve components, and 
     for each appropriations account:  Provided further, That 
     these documents shall include estimated costs for each 
     element of expense or object class, a reconciliation of 
     increases and decreases for each contingency operation, and 
     programmatic data including, but not limited to, troop 
     strength for each Active and Reserve component, and estimates 
     of the major weapons systems deployed in support of each 
     contingency:  Provided further, That these documents shall 
     include budget exhibits OP-5 and OP-32 (as defined in the 
     Department of Defense Financial Management Regulation) for 
     all contingency operations for the budget year and the two 
     preceding fiscal years.
       Sec. 8070.  None of the funds in this Act may be used for 
     research, development, test, evaluation, procurement or 
     deployment of nuclear armed interceptors of a missile defense 
     system.
       Sec. 8071. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network is designed to block access to 
     pornography websites.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, or adjudication activities, or 
     for any activity necessary for the national defense, 
     including intelligence activities.

                          (transfer of funds)

       Sec. 8072.  The Secretary of Defense may transfer up to 
     $800,000,000 of the amounts appropriated or otherwise made 
     available in this Act to the Department of Defense for the 
     rapid acquisition and deployment of supplies and associated 
     support pursuant to section 806 of the Bob Stump National 
     Defense Authorization Act for Fiscal Year 2003 (Public Law 
     107-314; 10 U.S.C. 2302 note):  Provided, That the Secretary 
     of Defense shall notify the congressional defense committees 
     promptly of all transfers made pursuant to this authority or 
     any other authority in this Act:  Provided further, That the 
     transfer authority provided in this section is in addition to 
     any other transfer authority provided elsewhere in this Act.
       Sec. 8073.  None of the funds appropriated or made 
     available in this Act shall be used to reduce or disestablish 
     the operation of the 53rd Weather Reconnaissance Squadron of 
     the Air Force Reserve, if such action would reduce the WC-130 
     Weather Reconnaissance mission below the levels funded in 
     this Act:  Provided, That the Air Force shall allow the 53rd 
     Weather Reconnaissance Squadron to perform other missions in 
     support of national defense requirements during the non-
     hurricane season.
       Sec. 8074.  None of the funds provided in this Act shall be 
     available for integration of foreign intelligence information 
     unless the information has been lawfully collected and 
     processed during the conduct of authorized foreign 
     intelligence activities:  Provided, That information 
     pertaining to United States persons shall only be handled in 
     accordance with protections provided in the Fourth Amendment 
     of the United States Constitution as implemented through 
     Executive Order No. 12333.
       Sec. 8075. (a) None of the funds appropriated by this Act 
     may be used to transfer research and development, 
     acquisition, or other program authority relating to current 
     tactical unmanned aerial vehicles (TUAVs) from the Army.
       (b) The Army shall retain responsibility for and 
     operational control of the MQ-1C Gray Eagle Unmanned Aerial 
     Vehicle (UAV) in order to support the Secretary of Defense in 
     matters relating to the employment of unmanned aerial 
     vehicles.
       Sec. 8076.  None of the funds appropriated by this Act for 
     programs of the Office of the Director of National 
     Intelligence shall remain available for obligation beyond the 
     current fiscal year, except for funds appropriated for 
     research and technology, which shall remain available until 
     September 30, 2020.
       Sec. 8077.  For purposes of section 1553(b) of title 31, 
     United States Code, any subdivision of appropriations made in 
     this Act under the heading ``Shipbuilding and Conversion, 
     Navy'' shall be considered to be for the same purpose as any 
     subdivision under the heading ``Shipbuilding and Conversion, 
     Navy'' appropriations in any prior fiscal year, and the 1 
     percent limitation shall apply to the total amount of the 
     appropriation.
       Sec. 8078. (a) Not later than 60 days after the date of 
     enactment of this Act, the Director of National Intelligence 
     shall submit a report to the congressional intelligence 
     committees to establish the baseline for application of 
     reprogramming and transfer authorities for fiscal year 2019:  
     Provided, That the report shall include--
       (1) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) a delineation in the table for each appropriation by 
     Expenditure Center and project; and
       (3) an identification of items of special congressional 
     interest.
       (b) None of the funds provided for the National 
     Intelligence Program in this Act shall be available for 
     reprogramming or transfer until the report identified in 
     subsection (a) is

[[Page S5633]]

     submitted to the congressional intelligence committees, 
     unless the Director of National Intelligence certifies in 
     writing to the congressional intelligence committees that 
     such reprogramming or transfer is necessary as an emergency 
     requirement.
       Sec. 8079.  None of the funds provided in this Act for the 
     TAO-205 program shall be used to award a new contract that 
     provides for the acquisition of the following components 
     unless those components are manufactured in the United 
     States: Auxiliary equipment (including pumps) for shipboard 
     services; propulsion equipment (including engines, reduction 
     gears, and propellers); shipboard cranes; and spreaders for 
     shipboard cranes.
       Sec. 8080.  Notwithstanding any other provision of law, any 
     transfer of funds, appropriated or otherwise made available 
     by this Act, for support to friendly foreign countries in 
     connection with the conduct of operations in which the United 
     States is not participating, pursuant to section 331(d) of 
     title 10, United States Code, shall be made in accordance 
     with sections 8005 or 9002 of this Act, as applicable.
       Sec. 8081.  Any transfer of amounts appropriated to, 
     credited to, or deposited in the Department of Defense 
     Acquisition Workforce Development Fund in or for fiscal year 
     2019 to a military department or Defense Agency pursuant to 
     section 1705(e)(1) of title 10, United States Code, shall be 
     covered by and subject to sections 8005 or 9002 of this Act, 
     as applicable.
       Sec. 8082.  None of the funds made available by this Act 
     for excess defense articles, assistance under section 333 of 
     title 10, United States Code, or peacekeeping operations for 
     the countries designated annually to be in violation of the 
     standards of the Child Soldiers Prevention Act of 2008 
     (Public Law 110-457; 22 U.S.C. 2370c-1) may be used to 
     support any military training or operation that includes 
     child soldiers, as defined by the Child Soldiers Prevention 
     Act of 2008, unless such assistance is otherwise permitted 
     under section 404 of the Child Soldiers Prevention Act of 
     2008.
       Sec. 8083. (a) None of the funds provided for the National 
     Intelligence Program in this or any prior appropriations Act 
     shall be available for obligation or expenditure through a 
     reprogramming or transfer of funds in accordance with section 
     102A(d) of the National Security Act of 1947 (50 U.S.C. 
     3024(d)) that--
       (1) creates a new start effort;
       (2) terminates a program with appropriated funding of 
     $10,000,000 or more;
       (3) transfers funding into or out of the National 
     Intelligence Program; or
       (4) transfers funding between appropriations,
     unless the congressional intelligence committees are notified 
     30 days in advance of such reprogramming of funds; this 
     notification period may be reduced for urgent national 
     security requirements.
       (b) None of the funds provided for the National 
     Intelligence Program in this or any prior appropriations Act 
     shall be available for obligation or expenditure through a 
     reprogramming or transfer of funds in accordance with section 
     102A(d) of the National Security Act of 1947 (50 U.S.C. 
     3024(d)) that results in a cumulative increase or decrease of 
     the levels specified in the classified annex accompanying the 
     Act unless the congressional intelligence committees are 
     notified 30 days in advance of such reprogramming of funds; 
     this notification period may be reduced for urgent national 
     security requirements.
       Sec. 8084.  The Director of National Intelligence shall 
     submit to Congress each year, at or about the time that the 
     President's budget is submitted to Congress that year under 
     section 1105(a) of title 31, United States Code, a future-
     years intelligence program (including associated annexes) 
     reflecting the estimated expenditures and proposed 
     appropriations included in that budget. Any such future-years 
     intelligence program shall cover the fiscal year with respect 
     to which the budget is submitted and at least the four 
     succeeding fiscal years.
       Sec. 8085.  For the purposes of this Act, the term 
     ``congressional intelligence committees'' means the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, the Select Committee on Intelligence of the 
     Senate, the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate.

                     (including transfer of funds)

       Sec. 8086.  During the current fiscal year, not to exceed 
     $11,000,000 from each of the appropriations made in title II 
     of this Act for ``Operation and Maintenance, Army'', 
     ``Operation and Maintenance, Navy'', and ``Operation and 
     Maintenance, Air Force'' may be transferred by the military 
     department concerned to its central fund established for 
     Fisher Houses and Suites pursuant to section 2493(d) of title 
     10, United States Code.
       Sec. 8087.  None of the funds appropriated by this Act may 
     be available for the purpose of making remittances to the 
     Department of Defense Acquisition Workforce Development Fund 
     in accordance with section 1705 of title 10, United States 
     Code.
       Sec. 8088. (a) Any agency receiving funds made available in 
     this Act, shall, subject to subsections (b) and (c), post on 
     the public Web site of that agency any report required to be 
     submitted by the Congress in this or any other Act, upon the 
     determination by the head of the agency that it shall serve 
     the national interest.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
       (c) The head of the agency posting such report shall do so 
     only after such report has been made available to the 
     requesting Committee or Committees of Congress for no less 
     than 45 days.
       Sec. 8089. (a) None of the funds appropriated or otherwise 
     made available by this Act may be expended for any Federal 
     contract for an amount in excess of $1,000,000, unless the 
     contractor agrees not to--
       (1) enter into any agreement with any of its employees or 
     independent contractors that requires, as a condition of 
     employment, that the employee or independent contractor agree 
     to resolve through arbitration any claim under title VII of 
     the Civil Rights Act of 1964 or any tort related to or 
     arising out of sexual assault or harassment, including 
     assault and battery, intentional infliction of emotional 
     distress, false imprisonment, or negligent hiring, 
     supervision, or retention; or
       (2) take any action to enforce any provision of an existing 
     agreement with an employee or independent contractor that 
     mandates that the employee or independent contractor resolve 
     through arbitration any claim under title VII of the Civil 
     Rights Act of 1964 or any tort related to or arising out of 
     sexual assault or harassment, including assault and battery, 
     intentional infliction of emotional distress, false 
     imprisonment, or negligent hiring, supervision, or retention.
       (b) None of the funds appropriated or otherwise made 
     available by this Act may be expended for any Federal 
     contract unless the contractor certifies that it requires 
     each covered subcontractor to agree not to enter into, and 
     not to take any action to enforce any provision of, any 
     agreement as described in paragraphs (1) and (2) of 
     subsection (a), with respect to any employee or independent 
     contractor performing work related to such subcontract. For 
     purposes of this subsection, a ``covered subcontractor'' is 
     an entity that has a subcontract in excess of $1,000,000 on a 
     contract subject to subsection (a).
       (c) The prohibitions in this section do not apply with 
     respect to a contractor's or subcontractor's agreements with 
     employees or independent contractors that may not be enforced 
     in a court of the United States.
       (d) The Secretary of Defense may waive the application of 
     subsection (a) or (b) to a particular contractor or 
     subcontractor for the purposes of a particular contract or 
     subcontract if the Secretary or the Deputy Secretary 
     personally determines that the waiver is necessary to avoid 
     harm to national security interests of the United States, and 
     that the term of the contract or subcontract is not longer 
     than necessary to avoid such harm. The determination shall 
     set forth with specificity the grounds for the waiver and for 
     the contract or subcontract term selected, and shall state 
     any alternatives considered in lieu of a waiver and the 
     reasons each such alternative would not avoid harm to 
     national security interests of the United States. The 
     Secretary of Defense shall transmit to Congress, and 
     simultaneously make public, any determination under this 
     subsection not less than 15 business days before the contract 
     or subcontract addressed in the determination may be awarded.

                     (including transfer of funds)

       Sec. 8090.  From within the funds appropriated for 
     operation and maintenance for the Defense Health Program in 
     this Act, up to $113,000,000, shall be available for transfer 
     to the Joint Department of Defense-Department of Veterans 
     Affairs Medical Facility Demonstration Fund in accordance 
     with the provisions of section 1704 of the National Defense 
     Authorization Act for Fiscal Year 2010, Public Law 111-84:  
     Provided, That for purposes of section 1704(b), the facility 
     operations funded are operations of the integrated Captain 
     James A. Lovell Federal Health Care Center, consisting of the 
     North Chicago Veterans Affairs Medical Center, the Navy 
     Ambulatory Care Center, and supporting facilities designated 
     as a combined Federal medical facility as described by 
     section 706 of Public Law 110-417:  Provided further, That 
     additional funds may be transferred from funds appropriated 
     for operation and maintenance for the Defense Health Program 
     to the Joint Department of Defense-Department of Veterans 
     Affairs Medical Facility Demonstration Fund upon written 
     notification by the Secretary of Defense to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.
       Sec. 8091.  None of the funds appropriated or otherwise 
     made available by this Act may be used by the Department of 
     Defense or a component thereof in contravention of the 
     provisions of section 130h of title 10, United States Code.
       Sec. 8092.  Appropriations available to the Department of 
     Defense may be used for the purchase of heavy and light 
     armored vehicles for the physical security of personnel or 
     for force protection purposes up to a limit of $450,000 per 
     vehicle, notwithstanding price or other limitations 
     applicable to the purchase of passenger carrying vehicles.

                     (including transfer of funds)

       Sec. 8093.  Upon a determination by the Director of 
     National Intelligence that such action is necessary and in 
     the national interest, the Director may, with the approval of 
     the Office of Management and Budget, transfer not to exceed 
     $1,500,000,000 of the funds

[[Page S5634]]

     made available in this Act for the National Intelligence 
     Program:  Provided, That such authority to transfer may not 
     be used unless for higher priority items, based on unforeseen 
     intelligence requirements, than those for which originally 
     appropriated and in no case where the item for which funds 
     are requested has been denied by the Congress:  Provided 
     further, That a request for multiple reprogrammings of funds 
     using authority provided in this section shall be made prior 
     to June 30, 2019.
       Sec. 8094.  None of the funds appropriated or otherwise 
     made available in this or any other Act may be used to 
     transfer, release, or assist in the transfer or release to or 
     within the United States, its territories, or possessions 
     Khalid Sheikh Mohammed or any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after June 24, 2009, at United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
       Sec. 8095. (a) None of the funds appropriated or otherwise 
     made available in this or any other Act may be used to 
     construct, acquire, or modify any facility in the United 
     States, its territories, or possessions to house any 
     individual described in subsection (c) for the purposes of 
     detention or imprisonment in the custody or under the 
     effective control of the Department of Defense.
       (b) The prohibition in subsection (a) shall not apply to 
     any modification of facilities at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (c) An individual described in this subsection is any 
     individual who, as of June 24, 2009, is located at United 
     States Naval Station, Guantanamo Bay, Cuba, and who--
       (1) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (2) is--
       (A) in the custody or under the effective control of the 
     Department of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       Sec. 8096.  None of the funds appropriated or otherwise 
     made available in this Act may be used to transfer any 
     individual detained at United States Naval Station Guantanamo 
     Bay, Cuba, to the custody or control of the individual's 
     country of origin, any other foreign country, or any other 
     foreign entity except in accordance with section 1034 of the 
     National Defense Authorization Act for Fiscal Year 2016 
     (Public Law 114-92) and section 1034 of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328).
       Sec. 8097.  None of the funds made available by this Act 
     may be used in contravention of the War Powers Resolution (50 
     U.S.C. 1541 et seq.).
       Sec. 8098. (a) None of the funds appropriated or otherwise 
     made available by this or any other Act may be used by the 
     Secretary of Defense, or any other official or officer of the 
     Department of Defense, to enter into a contract, memorandum 
     of understanding, or cooperative agreement with, or make a 
     grant to, or provide a loan or loan guarantee to 
     Rosoboronexport or any subsidiary of Rosoboronexport.
       (b) The Secretary of Defense may waive the limitation in 
     subsection (a) if the Secretary, in consultation with the 
     Secretary of State and the Director of National Intelligence, 
     determines that it is in the vital national security interest 
     of the United States to do so, and certifies in writing to 
     the congressional defense committees that, to the best of the 
     Secretary's knowledge:
       (1) Rosoboronexport has ceased the transfer of lethal 
     military equipment to, and the maintenance of existing lethal 
     military equipment for, the Government of the Syrian Arab 
     Republic;
       (2) The armed forces of the Russian Federation have 
     withdrawn from Crimea, other than armed forces present on 
     military bases subject to agreements in force between the 
     Government of the Russian Federation and the Government of 
     Ukraine; and
       (3) Agents of the Russian Federation have ceased taking 
     active measures to destabilize the control of the Government 
     of Ukraine over eastern Ukraine.
       (c) The Inspector General of the Department of Defense 
     shall conduct a review of any action involving 
     Rosoboronexport with respect to a waiver issued by the 
     Secretary of Defense pursuant to subsection (b), and not 
     later than 90 days after the date on which such a waiver is 
     issued by the Secretary of Defense, the Inspector General 
     shall submit to the congressional defense committees a report 
     containing the results of the review conducted with respect 
     to such waiver.
       Sec. 8099.  The Secretary of Defense, in consultation with 
     the Service Secretaries, shall submit two reports to the 
     congressional defense committees, not later than March 1, 
     2019, and not later than September 1, 2019, detailing the 
     submission of records during the previous 6 months to 
     databases accessible to the National Instant Criminal 
     Background Check System (NICS), including the Interstate 
     Identification Index (III), the National Crime Information 
     Center (NCIC), and the NICS Index, as required by Public Law 
     110-180:  Provided, That such reports shall provide the 
     number and category of records submitted by month to each 
     such database, by Service or Component:  Provided further, 
     That such reports shall identify the number and category of 
     records submitted by month to those databases for which the 
     Identification for Firearm Sales (IFFS) flag or other 
     database flags were used to pre-validate the records and 
     indicate that such persons are prohibited from receiving or 
     possessing a firearm:  Provided further, That such reports 
     shall describe the steps taken during the previous 6 months, 
     by Service or Component, to ensure complete and accurate 
     submission and appropriate flagging of records of individuals 
     prohibited from gun possession or receipt pursuant to 18 
     U.S.C. 922(g) or (n) including applicable records involving 
     proceedings under the Uniform Code of Military Justice.
       Sec. 8100. (a) Of the funds appropriated in this Act for 
     the Department of Defense, amounts should be made available, 
     under such regulations as the Secretary of Defense may 
     prescribe, to local military commanders appointed by the 
     Secretary, or by an officer or employee designated by the 
     Secretary, to provide at their discretion ex gratia payments 
     in amounts consistent with subsection (d) of this section for 
     damage, personal injury, or death that is incident to combat 
     operations of the Armed Forces in a foreign country.
       (b) An ex gratia payment under this section may be provided 
     only if--
       (1) the prospective foreign civilian recipient is 
     determined by the local military commander to be friendly to 
     the United States;
       (2) a claim for damages would not be compensable under 
     chapter 163 of title 10, United States Code (commonly known 
     as the ``Foreign Claims Act''); and
       (3) the property damage, personal injury, or death was not 
     caused by action by an enemy.
       (c) Nature of Payments.--Any payments provided under a 
     program under subsection (a) shall not be considered an 
     admission or acknowledgement of any legal obligation to 
     compensate for any damage, personal injury, or death.
       (d) Amount of Payments.--If the Secretary of Defense 
     determines a program under subsection (a) to be appropriate 
     in a particular setting, the amounts of payments, if any, to 
     be provided to civilians determined to have suffered harm 
     incident to combat operations of the Armed Forces under the 
     program should be determined pursuant to regulations 
     prescribed by the Secretary and based on an assessment, which 
     should include such factors as cultural appropriateness and 
     prevailing economic conditions.
       (e) Legal Advice.--Local military commanders shall receive 
     legal advice before making ex gratia payments under this 
     subsection. The legal advisor, under regulations of the 
     Department of Defense, shall advise on whether an ex gratia 
     payment is proper under this section and applicable 
     Department of Defense regulations.
       (f) Written Record.--A written record of any ex gratia 
     payment offered or denied shall be kept by the local 
     commander and on a timely basis submitted to the appropriate 
     office in the Department of Defense as determined by the 
     Secretary of Defense.
       (g) Report.--The Secretary of Defense shall report to the 
     congressional defense committees on an annual basis the 
     efficacy of the ex gratia payment program including the 
     number of types of cases considered, amounts offered, the 
     response from ex gratia payment recipients, and any 
     recommended modifications to the program.
       Sec. 8101.  None of the funds available in this Act to the 
     Department of Defense, other than appropriations made for 
     necessary or routine refurbishments, upgrades or maintenance 
     activities, shall be used to reduce or to prepare to reduce 
     the number of deployed and non-deployed strategic delivery 
     vehicles and launchers below the levels set forth in the 
     report submitted to Congress in accordance with section 1042 
     of the National Defense Authorization Act for Fiscal Year 
     2012.
       Sec. 8102.  Amounts in working capital funds of the 
     Department of Defense established pursuant to section 2208 of 
     title 10, United States Code, may be obligated and expended 
     in fiscal year 2020 for the payment of death gratuities 
     authorized by subchapter II of chapter 75 of title 10, United 
     States Code, that are payable during the period in which the 
     appropriations bill for fiscal year 2020 for the Department 
     has not become law and an Act or joint resolution making 
     continuing appropriations for fiscal year 2020 for the 
     Department is not in effect (a ``lapse in appropriations''):  
     Provided, That, upon enactment of the appropriations Act for 
     fiscal year 2020 for the Department, such obligations and 
     expenditures shall be recorded against the appropriations 
     made available by such Act for the payment of such death 
     gratuities.
       Sec. 8103.  The Secretary of each military department, in 
     reducing each research, development, test and evaluation and 
     procurement account of the military department as required 
     under paragraph (1) of section 828(d) of the National Defense 
     Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 
     U.S.C. 2430 note), as amended by section 825(a)(3) of the 
     National Defense Authorization Act for Fiscal Year 2018, 
     shall allocate the percentage reduction determined under 
     paragraph (2) of such section 828(d) proportionally from all 
     programs, projects, or activities under such account:  
     Provided, That the authority under section 804(d)(2) of the 
     National Defense Authorization Act for Fiscal Year 2016 
     (Public Law 114-92; 10 U.S.C. 2302 note) to transfer amounts 
     available in the Rapid Prototyping Fund shall be subject to 
     section 8005 or 9002 of this Act, as applicable.
       Sec. 8104.  None of the funds made available by this Act 
     may be used by the National Security Agency to--

[[Page S5635]]

       (1) conduct an acquisition pursuant to section 702 of the 
     Foreign Intelligence Surveillance Act of 1978 for the purpose 
     of targeting a United States person; or
       (2) acquire, monitor, or store the contents (as such term 
     is defined in section 2510(8) of title 18, United States 
     Code) of any electronic communication of a United States 
     person from a provider of electronic communication services 
     to the public pursuant to section 501 of the Foreign 
     Intelligence Surveillance Act of 1978.
       Sec. 8105.  None of the funds made available in this or any 
     other Act may be used to pay the salary of any officer or 
     employee of any agency funded by this Act who approves or 
     implements the transfer of administrative responsibilities or 
     budgetary resources of any program, project, or activity 
     financed by this Act to the jurisdiction of another Federal 
     agency not financed by this Act without the express 
     authorization of Congress:  Provided, That this limitation 
     shall not apply to transfers of funds expressly provided for 
     in Defense Appropriations Acts, or provisions of Acts 
     providing supplemental appropriations for the Department of 
     Defense.
       Sec. 8106.  None of the funds made available in this Act 
     may be obligated for activities authorized under section 1208 
     of the Ronald W. Reagan National Defense Authorization Act 
     for Fiscal Year 2005 (Public Law 112-81; 125 Stat. 1621) to 
     initiate support for, or expand support to, foreign forces, 
     irregular forces, groups, or individuals unless the 
     congressional defense committees are notified in accordance 
     with the direction contained in the classified annex 
     accompanying this Act, not less than 15 days before 
     initiating such support:  Provided, That none of the funds 
     made available in this Act may be used under section 1208 for 
     any activity that is not in support of an ongoing military 
     operation being conducted by United States Special Operations 
     Forces to combat terrorism:  Provided further, That the 
     Secretary of Defense may waive the prohibitions in this 
     section if the Secretary determines that such waiver is 
     required by extraordinary circumstances and, by not later 
     than 72 hours after making such waiver, notifies the 
     congressional defense committees of such waiver.
       Sec. 8107.  Of the amounts appropriated in this Act for 
     ``Operation and Maintenance, Navy'', $310,805,000, to remain 
     available until expended, may be used for any purposes 
     related to the National Defense Reserve Fleet established 
     under section 11 of the Merchant Ship Sales Act of 1946 (50 
     U.S.C. 4405):  Provided, That such amounts are available for 
     reimbursements to the Ready Reserve Force, Maritime 
     Administration account of the United States Department of 
     Transportation for programs, projects, activities, and 
     expenses related to the National Defense Reserve Fleet.

                     (including transfer of funds)

       Sec. 8108.  Of the amounts appropriated in this Act, the 
     Secretary of Defense may use up to $52,657,000 under the 
     heading ``Operation and Maintenance, Defense-Wide'', and up 
     to $39,400,000 under the heading ``Research, Development, 
     Test and Evaluation, Defense-Wide'' to develop, replace, and 
     sustain Federal Government security and suitability 
     background investigation information technology systems of 
     the Office of Personnel Management or other Federal agency 
     responsible for conducting such investigations:  Provided, 
     That the Secretary may transfer additional amounts into these 
     headings or into ``Procurement, Defense-Wide'' using 
     established reprogramming procedures prescribed in the 
     Department of Defense Financial Management Regulation 
     7000.14, Volume 3, Chapter 6, dated September 2015:  Provided 
     further, That such funds shall supplement, not supplant any 
     other amounts made available to other Federal agencies for 
     such purposes.
       Sec. 8109.  None of the funds made available by this Act 
     may be used to carry out the closure or realignment of the 
     United States Naval Station, Guantanamo Bay, Cuba.
       Sec. 8110.  Notwithstanding any other provision of law, any 
     transfer of funds appropriated or otherwise made available by 
     this Act to the Global Engagement Center established by 
     section 1287 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 130 Stat. 22 U.S.C. 
     2656 note) shall be made in accordance with section 8005 or 
     9002 of this Act, as applicable.
       Sec. 8111.  No amounts credited or otherwise made available 
     in this or any other Act to the Department of Defense 
     Acquisition Workforce Development Fund may be transferred to:
       (1) the Rapid Prototyping Fund established under section 
     804(d) of the National Defense Authorization Act for Fiscal 
     Year 2016 (10 U.S.C. 2302 note); or
       (2) credited to a military-department specific fund 
     established under section 804(d)(2) of the National Defense 
     Authorization Act for Fiscal Year 2016 (as amended by section 
     897 of the National Defense Authorization Act for Fiscal Year 
     2017).
       Sec. 8112.  Notwithstanding any other provision of law, 
     from funds made available to the Department of Defense in 
     title II of this Act under the heading ``Operation and 
     Maintenance, Defense-Wide'', $15,000,000 shall be available 
     for a project in a country designated by the Secretary of 
     Defense:  Provided, That in furtherance of the project, the 
     Department of Defense is authorized to acquire services, 
     including services performed pursuant to a grant agreement, 
     from another Federal agency, on an advance of funds or 
     reimbursable basis:  Provided further, That an order for 
     services placed under this section is deemed to be an 
     obligation in the same manner that a similar order placed 
     under a contract with a private contractor is an obligation.
       Sec. 8113.  None of the funds appropriated by this Act may 
     be made available to transfer, or to facilitate the transfer 
     of, F-35 aircraft to Turkey, including any defense articles 
     or services related to such aircraft, until the Secretary of 
     Defense, in consultation with the Secretary of State, 
     certifies to the appropriate congressional committees that 
     the Government of Turkey is not purchasing the S-400 missile 
     defense system from Russia and will not accept the delivery 
     of such system.

                                TITLE IX

                    OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $2,929,154,000:  Provided, That such amount is designated by 
     the Congress for Overseas Contingency Operations/Global War 
     on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $385,461,000:  Provided, That such amount is designated by 
     the Congress for Overseas Contingency Operations/Global War 
     on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $109,232,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $964,508,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $37,007,000:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                        Reserve Personnel, Navy

       For an additional amount for ``Reserve Personnel, Navy'', 
     $11,100,000:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                    Reserve Personnel, Marine Corps

       For an additional amount for ``Reserve Personnel, Marine 
     Corps'', $2,380,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                      Reserve Personnel, Air Force

       For an additional amount for ``Reserve Personnel, Air 
     Force'', $21,076,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $195,283,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $5,460,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $19,028,500,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $5,572,155,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

[[Page S5636]]

  


                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $1,475,800,000:  Provided, That such amount 
     is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $10,055,789,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $8,354,905,000:  Provided, That of the funds 
     provided under this heading, not to exceed $900,000,000, to 
     remain available until September 30, 2020, shall be for 
     payments to reimburse key cooperating nations for logistical, 
     military, and other support, including access, provided to 
     United States military and stability operations in 
     Afghanistan and to counter the Islamic State of Iraq and 
     Syria:  Provided further, That such reimbursement payments 
     may be made in such amounts as the Secretary of Defense, with 
     the concurrence of the Secretary of State, and in 
     consultation with the Director of the Office of Management 
     and Budget, may determine, based on documentation determined 
     by the Secretary of Defense to adequately account for the 
     support provided, and such determination is final and 
     conclusive upon the accounting officers of the United States, 
     and 15 days following notification to the appropriate 
     congressional committees:  Provided further, That these funds 
     may be used for the purpose of providing specialized training 
     and procuring supplies and specialized equipment and 
     providing such supplies and loaning such equipment on a non-
     reimbursable basis to coalition forces supporting United 
     States military and stability operations in Afghanistan and 
     to counter the Islamic State of Iraq and Syria, and 15 days 
     following notification to the appropriate congressional 
     committees:  Provided further, That these funds may be used 
     in accordance with section 1226 of the National Defense 
     Authorization Act for Fiscal Year 2016 (Public Law 114-92), 
     upon 15 days prior written notification to the congressional 
     defense committees outlining the amounts intended to be 
     provided and the nature of the expenses incurred:  Provided 
     further, That of the funds provided under this heading, not 
     to exceed $793,000,000, to remain available until September 
     30, 2020, shall be available to provide support and 
     assistance to foreign security forces or other groups or 
     individuals to conduct, support or facilitate 
     counterterrorism, crisis response, or other Department of 
     Defense security cooperation programs:  Provided further, 
     That the Secretary of Defense shall provide quarterly reports 
     to the congressional defense committees on the use of funds 
     provided in this paragraph:  Provided further, That such 
     amount is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $41,887,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $25,637,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $3,345,000:  Provided, That such 
     amount is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $60,500,000:  Provided, That such amount 
     is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $110,729,000:  Provided, That such 
     amount is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $15,870,000:  Provided, That such 
     amount is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                    Afghanistan Security Forces Fund

       For the ``Afghanistan Security Forces Fund'', 
     $4,666,815,000, to remain available until September 30, 2020: 
      Provided, That such funds shall be available to the 
     Secretary of Defense for the purpose of allowing the 
     Commander, Combined Security Transition Command--Afghanistan, 
     or the Secretary's designee, to provide assistance, with the 
     concurrence of the Secretary of State, to the security forces 
     of Afghanistan, including the provision of equipment, 
     supplies, services, training, facility and infrastructure 
     repair, renovation, construction, and funding:  Provided 
     further, That the Secretary of Defense may obligate and 
     expend funds made available to the Department of Defense in 
     this title for additional costs associated with existing 
     projects previously funded with amounts provided under the 
     heading ``Afghanistan Infrastructure Fund'' in prior Acts:  
     Provided further, That such costs shall be limited to 
     contract changes resulting from inflation, market 
     fluctuation, rate adjustments, and other necessary contract 
     actions to complete existing projects, and associated 
     supervision and administration costs and costs for design 
     during construction:  Provided further, That the Secretary 
     may not use more than $50,000,000 under the authority 
     provided in this section:  Provided further, That the 
     Secretary shall notify in advance such contract changes and 
     adjustments in annual reports to the congressional defense 
     committees:  Provided further, That the authority to provide 
     assistance under this heading is in addition to any other 
     authority to provide assistance to foreign nations:  Provided 
     further, That contributions of funds for the purposes 
     provided herein from any person, foreign government, or 
     international organization may be credited to this Fund, to 
     remain available until expended, and used for such purposes:  
     Provided further, That the Secretary of Defense shall notify 
     the congressional defense committees in writing upon the 
     receipt and upon the obligation of any contribution, 
     delineating the sources and amounts of the funds received and 
     the specific use of such contributions:  Provided further, 
     That the Secretary of Defense shall, not fewer than 15 days 
     prior to obligating from this appropriation account, notify 
     the congressional defense committees in writing of the 
     details of any such obligation:  Provided further, That the 
     Secretary of Defense shall notify the congressional defense 
     committees of any proposed new projects or transfer of funds 
     between budget sub-activity groups in excess of $20,000,000:  
     Provided further, That the United States may accept equipment 
     procured using funds provided under this heading in this or 
     prior Acts that was transferred to the security forces of 
     Afghanistan and returned by such forces to the United States: 
      Provided further, That equipment procured using funds 
     provided under this heading in this or prior Acts, and not 
     yet transferred to the security forces of Afghanistan or 
     transferred to the security forces of Afghanistan and 
     returned by such forces to the United States, may be treated 
     as stocks of the Department of Defense upon written 
     notification to the congressional defense committees:  
     Provided further, That of the funds provided under this 
     heading, not less than $10,000,000 shall be for recruitment 
     and retention of women in the Afghanistan National Security 
     Forces, and the recruitment and training of female security 
     personnel:  Provided further, That such amount is designated 
     by the Congress for Overseas Contingency Operations/Global 
     War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                   Counter-ISIS Train and Equip Fund

       For the ``Counter-Islamic State of Iraq and Syria Train and 
     Equip Fund'', $994,000,000, to remain available until 
     September 30, 2020:  Provided, That such funds shall be 
     available to the Secretary of Defense in coordination with 
     the Secretary of State, to provide assistance, including 
     training; equipment; logistics support, supplies, and 
     services; stipends; infrastructure repair and renovation; and 
     sustainment, to foreign security forces, irregular forces, 
     groups, or individuals participating, or preparing to 
     participate in activities to counter the Islamic State of 
     Iraq and Syria, and their affiliated or associated groups:  
     Provided further, That amounts made available under this 
     heading shall be available to provide assistance only for 
     activities in a country designated by the Secretary of 
     Defense, in coordination with the Secretary of State, as 
     having a security mission to counter the Islamic State of 
     Iraq and Syria, and following written notification to the 
     congressional defense committees of such designation:  
     Provided further, That the Secretary of Defense shall ensure 
     that prior to providing assistance to elements of any forces 
     or individuals, such elements or individuals are 
     appropriately vetted, including at a minimum, assessing such 
     elements for associations with terrorist groups or groups 
     associated with the Government of Iran; and receiving 
     commitments from such elements

[[Page S5637]]

     to promote respect for human rights and the rule of law:  
     Provided further, That the Secretary of Defense shall, not 
     fewer than 15 days prior to obligating from this 
     appropriation account, notify the congressional defense 
     committees in writing of the details of any such obligation:  
     Provided further, That the Secretary of Defense may accept 
     and retain contributions, including assistance in-kind, from 
     foreign governments, including the Government of Iraq and 
     other entities, to carry out assistance authorized under this 
     heading:  Provided further, That contributions of funds for 
     the purposes provided herein from any foreign government or 
     other entity may be credited to this Fund, to remain 
     available until expended, and used for such purposes:  
     Provided further, That the Secretary of Defense may waive a 
     provision of law relating to the acquisition of items and 
     support services or sections 40 and 40A of the Arms Export 
     Control Act (22 U.S.C. 2780 and 2785) if the Secretary 
     determines that such provision of law would prohibit, 
     restrict, delay or otherwise limit the provision of such 
     assistance and a notice of and justification for such waiver 
     is submitted to the congressional defense committees, the 
     Committees on Appropriations and Foreign Relations of the 
     Senate and the Committees on Appropriations and Foreign 
     Affairs of the House of Representatives:  Provided further, 
     That the United States may accept equipment procured using 
     funds provided under this heading, or under the heading, 
     ``Iraq Train and Equip Fund'' in prior Acts, that was 
     transferred to security forces, irregular forces, or groups 
     participating, or preparing to participate in activities to 
     counter the Islamic State of Iraq and Syria and returned by 
     such forces or groups to the United States, may be treated as 
     stocks of the Department of Defense upon written notification 
     to the congressional defense committees:  Provided further, 
     That equipment procured using funds provided under this 
     heading, or under the heading, ``Iraq Train and Equip Fund'' 
     in prior Acts, and not yet transferred to security forces, 
     irregular forces, or groups participating, or preparing to 
     participate in activities to counter the Islamic State of 
     Iraq and Syria may be treated as stocks of the Department of 
     Defense when determined by the Secretary to no longer be 
     required for transfer to such forces or groups and upon 
     written notification to the congressional defense committees: 
      Provided further, That the Secretary of Defense shall 
     provide quarterly reports to the congressional defense 
     committees on the use of funds provided under this heading, 
     including, but not limited to, the number of individuals 
     trained, the nature and scope of support and sustainment 
     provided to each group or individual, the area of operations 
     for each group, and the contributions of other countries, 
     groups, or individuals:  Provided further, That such amount 
     is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $363,363,000, to remain available until September 30, 
     2021:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $1,740,985,000, to remain available until September 30, 2021: 
      Provided, That such amount is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $1,107,183,000, to remain 
     available until September 30, 2021:  Provided, That such 
     amount is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $299,075,000, to remain available until September 30, 
     2021:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $1,372,487,000, to remain available until September 30, 2021: 
      Provided, That such amount is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $80,119,000, to remain available until September 30, 
     2021:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $14,134,000, to remain available until September 30, 2021:  
     Provided, That such amount is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $223,312,000, to remain available 
     until September 30, 2021:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $181,173,000, to remain available until September 30, 2021:  
     Provided, That such amount is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $58,023,000, to remain available until September 30, 2021:  
     Provided, That such amount is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $1,007,888,000, to remain available until September 
     30, 2021:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     Missile Procurement, Air Force

       For an additional amount for ``Missile Procurement, Air 
     Force'', $493,526,000, to remain available until September 
     30, 2021:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                  Procurement of Ammunition, Air Force

       For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $1,371,516,000, to remain available until 
     September 30, 2021:  Provided, That such amount is designated 
     by the Congress for Overseas Contingency Operations/Global 
     War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $3,705,044,000, to remain available until September 
     30, 2021:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $557,135,000, to remain available until September 30, 2021:  
     Provided, That such amount is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $325,104,000, to remain available 
     until September 30, 2020:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $167,812,000, to remain available 
     until September 30, 2020:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $287,971,000, to remain 
     available until September 30, 2020:  Provided, That such 
     amount is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-

[[Page S5638]]

     Wide'', $394,883,000, to remain available until September 30, 
     2020:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $15,190,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $352,068,000, which shall be for operation and maintenance:  
     Provided, That such amount is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

         Drug Interdiction and Counter-Drug Activities, Defense

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $143,100,000:  Provided, 
     That such amount is designated by the Congress for Overseas 
     Contingency Operations/Global War on Terrorism pursuant to 
     section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                    Office of the Inspector General

       For an additional amount for the ``Office of the Inspector 
     General'', $24,692,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 9001.  Notwithstanding any other provision of law, 
     funds made available in this title are in addition to amounts 
     appropriated or otherwise made available for the Department 
     of Defense for fiscal year 2019.

                     (including transfer of funds)

       Sec. 9002.  Upon the determination of the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may, with the approval of the Office 
     of Management and Budget, transfer up to $2,000,000,000 
     between the appropriations or funds made available to the 
     Department of Defense in this title:  Provided, That the 
     Secretary shall notify the Congress promptly of each transfer 
     made pursuant to the authority in this section:  Provided 
     further, That the authority provided in this section is in 
     addition to any other transfer authority available to the 
     Department of Defense and is subject to the same terms and 
     conditions as the authority provided in section 8005 of this 
     Act.
       Sec. 9003.  Supervision and administration costs and costs 
     for design during construction associated with a construction 
     project funded with appropriations available for operation 
     and maintenance or the ``Afghanistan Security Forces Fund'' 
     provided in this Act and executed in direct support of 
     overseas contingency operations in Afghanistan, may be 
     obligated at the time a construction contract is awarded:  
     Provided, That, for the purpose of this section, supervision 
     and administration costs and costs for design during 
     construction include all in-house Government costs.
       Sec. 9004.  From funds made available in this title, the 
     Secretary of Defense may purchase for use by military and 
     civilian employees of the Department of Defense in the United 
     States Central Command area of responsibility: (1) passenger 
     motor vehicles up to a limit of $75,000 per vehicle; and (2) 
     heavy and light armored vehicles for the physical security of 
     personnel or for force protection purposes up to a limit of 
     $450,000 per vehicle, notwithstanding price or other 
     limitations applicable to the purchase of passenger carrying 
     vehicles.
       Sec. 9005.  Not to exceed $5,000,000 of the amounts 
     appropriated by this title under the heading ``Operation and 
     Maintenance, Army'' may be used, notwithstanding any other 
     provision of law, to fund the Commanders' Emergency Response 
     Program (CERP), for the purpose of enabling military 
     commanders in Afghanistan to respond to urgent, small-scale, 
     humanitarian relief and reconstruction requirements within 
     their areas of responsibility:  Provided, That each project 
     (including any ancillary or related elements in connection 
     with such project) executed under this authority shall not 
     exceed $2,000,000:  Provided further, That not later than 45 
     days after the end of each 6 months of the fiscal year, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report regarding the source of funds and 
     the allocation and use of funds during that 6-month period 
     that were made available pursuant to the authority provided 
     in this section or under any other provision of law for the 
     purposes described herein:  Provided further, That, not later 
     than 30 days after the end of each fiscal year quarter, the 
     Army shall submit to the congressional defense committees 
     quarterly commitment, obligation, and expenditure data for 
     the CERP in Afghanistan:  Provided further, That, not less 
     than 15 days before making funds available pursuant to the 
     authority provided in this section or under any other 
     provision of law for the purposes described herein for a 
     project with a total anticipated cost for completion of 
     $500,000 or more, the Secretary shall submit to the 
     congressional defense committees a written notice containing 
     each of the following:
       (1) The location, nature and purpose of the proposed 
     project, including how the project is intended to advance the 
     military campaign plan for the country in which it is to be 
     carried out.
       (2) The budget, implementation timeline with milestones, 
     and completion date for the proposed project, including any 
     other CERP funding that has been or is anticipated to be 
     contributed to the completion of the project.
       (3) A plan for the sustainment of the proposed project, 
     including the agreement with either the host nation, a non-
     Department of Defense agency of the United States Government 
     or a third-party contributor to finance the sustainment of 
     the activities and maintenance of any equipment or facilities 
     to be provided through the proposed project.
       Sec. 9006.  Funds available to the Department of Defense 
     for operation and maintenance may be used, notwithstanding 
     any other provision of law, to provide supplies, services, 
     transportation, including airlift and sealift, and other 
     logistical support to allied forces participating in a 
     combined operation with the armed forces of the United States 
     and coalition forces supporting military and stability 
     operations in Afghanistan and to counter the Islamic State of 
     Iraq and Syria:  Provided, That the Secretary of Defense 
     shall provide quarterly reports to the congressional defense 
     committees regarding support provided under this section.
       Sec. 9007.  None of the funds appropriated or otherwise 
     made available by this or any other Act shall be obligated or 
     expended by the United States Government for a purpose as 
     follows:
       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control over any oil resource 
     of Iraq.
       (3) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Afghanistan.
       Sec. 9008.  None of the funds made available in this Act 
     may be used in contravention of the following laws enacted or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment (done at New York on 
     December 10, 1984):
       (1) Section 2340A of title 18, United States Code.
       (2) Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations.
       (3) Sections 1002 and 1003 of the Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006 
     (Public Law 109-148).
       Sec. 9009.  None of the funds provided for the 
     ``Afghanistan Security Forces Fund'' (ASFF) may be obligated 
     prior to the approval of a financial and activity plan by the 
     Afghanistan Resources Oversight Council (AROC) of the 
     Department of Defense:  Provided, That the AROC must approve 
     the requirement and acquisition plan for any service 
     requirements in excess of $50,000,000 annually and any non-
     standard equipment requirements in excess of $100,000,000 
     using ASFF:  Provided further, That the Department of Defense 
     must certify to the congressional defense committees that the 
     AROC has convened and approved a process for ensuring 
     compliance with the requirements in the preceding proviso and 
     accompanying report language for the ASFF.
       Sec. 9010.  Funds made available in this title to the 
     Department of Defense for operation and maintenance may be 
     used to purchase items having an investment unit cost of not 
     more than $250,000:  Provided, That, upon determination by 
     the Secretary of Defense that such action is necessary to 
     meet the operational requirements of a Commander of a 
     Combatant Command engaged in contingency operations overseas, 
     such funds may be used to purchase items having an investment 
     item unit cost of not more than $500,000.
       Sec. 9011. (a) None of the funds appropriated or otherwise 
     made available by this Act under the heading ``Operation and 
     Maintenance, Defense-Wide'' for payments under section 1233 
     of Public Law 110-181 for reimbursement to the Government of 
     Pakistan may be made available unless the Secretary of 
     Defense, in coordination with the Secretary of State, 
     certifies to the congressional defense committees that the 
     Government of Pakistan is--
       (1) cooperating with the United States in counterterrorism 
     efforts against the Haqqani Network, the Quetta Shura 
     Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and 
     other domestic and foreign terrorist organizations, including 
     taking steps to end support for such groups and prevent them 
     from basing and operating in Pakistan and carrying out cross 
     border attacks into neighboring countries;
       (2) not supporting terrorist activities against United 
     States or coalition forces in

[[Page S5639]]

     Afghanistan, and Pakistan's military and intelligence 
     agencies are not intervening extra-judicially into political 
     and judicial processes in Pakistan;
       (3) dismantling improvised explosive device (IED) networks 
     and interdicting precursor chemicals used in the manufacture 
     of IEDs;
       (4) preventing the proliferation of nuclear-related 
     material and expertise;
       (5) implementing policies to protect judicial independence 
     and due process of law;
       (6) issuing visas in a timely manner for United States 
     visitors engaged in counterterrorism efforts and assistance 
     programs in Pakistan; and
       (7) providing humanitarian organizations access to 
     detainees, internally displaced persons, and other Pakistani 
     civilians affected by the conflict.
       (b) The Secretary of Defense, in coordination with the 
     Secretary of State, may waive the restriction in subsection 
     (a) on a case-by-case basis by certifying in writing to the 
     congressional defense committees that it is in the national 
     security interest to do so:  Provided, That if the Secretary 
     of Defense, in coordination with the Secretary of State, 
     exercises such waiver authority, the Secretaries shall report 
     to the congressional defense committees on both the 
     justification for the waiver and on the requirements of this 
     section that the Government of Pakistan was not able to meet: 
      Provided further, That such report may be submitted in 
     classified form if necessary.
       Sec. 9012.  None of the funds in this Act may be made 
     available for the transfer of additional C-130 cargo aircraft 
     to the Afghanistan National Security Forces or the 
     Afghanistan Air Force until the Department of Defense 
     provides a report to the congressional defense committees of 
     the Afghanistan Air Force's medium airlift requirements. The 
     report should identify Afghanistan's ability to utilize and 
     maintain existing medium lift aircraft in the inventory and 
     the best alternative platform, if necessary, to provide 
     additional support to the Afghanistan Air Force's current 
     medium airlift capacity.

                             (rescissions)

       Sec. 9013.  Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:  Provided, That such amounts are 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985:
       ``Operation and Maintenance, Defense-Wide: Coalition 
     Support Funds'', 2018/2019, $800,000,000;
       ``Operation and Maintenance, Defense-Wide: DSCA Security 
     Cooperation'', 2018/2019, $150,000,000;
       ``Counter-ISIS Train and Equip Fund'', 2018/2019, 
     $400,000,000; and
       ``Aircraft Procurement, Air Force'', 2018/2020, 
     $88,400,000.
       Sec. 9014.  Funds available for the Afghanistan Security 
     Forces Fund may be used to provide limited training, 
     equipment, and other assistance that would otherwise be 
     prohibited by 10 U.S.C. 362 to a unit of the security forces 
     of Afghanistan only if the Secretary certifies to the 
     congressional defense committees, within 30 days of a 
     decision to provide such assistance, that (1) a denial of 
     such assistance would present significant risk to U.S. or 
     coalition forces or significantly undermine United States 
     national security objectives in Afghanistan; and (2) the 
     Secretary has sought a commitment by the Government of 
     Afghanistan to take all necessary corrective steps:  
     Provided, That such certification shall be accompanied by a 
     report describing: (1) the information relating to the gross 
     violation of human rights; (2) the circumstances that 
     necessitated the provision of such assistance; (3) the Afghan 
     security force unit involved; (4) the assistance provided and 
     the assistance withheld; and (5) the corrective steps to be 
     taken by the Government of Afghanistan:  Provided further, 
     That every 120 days after the initial report an additional 
     report shall be submitted detailing the status of any 
     corrective steps taken by the Government of Afghanistan:  
     Provided further, That if the Government of Afghanistan has 
     not initiated necessary corrective steps within one year of 
     the certification, the authority under this section to 
     provide assistance to such unit shall no longer apply:  
     Provided further, That the Secretary shall submit a report to 
     such committees detailing the final disposition of the case 
     by the Government of Afghanistan.
       Sec. 9015.  Equipment procured using funds provided in 
     prior Acts under the heading ``Counterterrorism Partnerships 
     Fund'' for the program authorized by section 1209 of the Carl 
     Levin and Howard P. ``Buck'' McKeon National Defense 
     Authorization Act for Fiscal Year 2015 (Public Law 113-291), 
     and not yet transferred to authorized recipients may be 
     transferred to foreign security forces, irregular forces, 
     groups, or individuals, authorized to receive assistance 
     using amounts provided under the heading ``Counter-ISIS Train 
     and Equip Fund'' in this Act:  Provided, That such equipment 
     may be transferred 15 days following written notification to 
     the congressional defense committees.
       Sec. 9016.  Each amount designated in this Act by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 
     shall be available (or rescinded, if applicable) only if the 
     President subsequently so designates all such amounts and 
     transmits such designations to the Congress.
       This division may be cited as the ``Department of Defense 
     Appropriations Act, 2019''.

   DIVISION B--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019

        That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the 
     Departments of Labor, Health and Human Services, and 
     Education, and related agencies for the fiscal year ending 
     September 30, 2019, and for other purposes, namely:

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

       For necessary expenses of the Workforce Innovation and 
     Opportunity Act (referred to in this Act as ``WIOA''), the 
     Second Chance Act of 2007, and the National Apprenticeship 
     Act, $3,501,200,000, plus reimbursements, shall be available. 
     Of the amounts provided:
       (1) for grants to States for adult employment and training 
     activities, youth activities, and dislocated worker 
     employment and training activities, $2,789,832,000 as 
     follows:
       (A) $845,556,000 for adult employment and training 
     activities, of which $133,556,000 shall be available for the 
     period July 1, 2019 through June 30, 2020, and of which 
     $712,000,000 shall be available for the period October 1, 
     2019 through June 30, 2020;
       (B) $903,416,000 for youth activities, which shall be 
     available for the period April 1, 2019 through June 30, 2020; 
     and
       (C) $1,040,860,000 for dislocated worker employment and 
     training activities, of which $180,860,000 shall be available 
     for the period July 1, 2019 through June 30, 2020, and of 
     which $860,000,000 shall be available for the period October 
     1, 2019 through June 30, 2020:
       Provided, That the funds available for allotment to 
     outlying areas to carry out subtitle B of title I of the WIOA 
     shall not be subject to the requirements of section 
     127(b)(1)(B)(ii) of such Act; and
       (2) for national programs, $711,368,000 as follows:
       (A) $220,859,000 for the dislocated workers assistance 
     national reserve, of which $20,859,000 shall be available for 
     the period July 1, 2019 through September 30, 2020, and of 
     which $200,000,000 shall be available for the period October 
     1, 2019 through September 30, 2020:  Provided, That funds 
     provided to carry out section 132(a)(2)(A) of the WIOA may be 
     used to provide assistance to a State for statewide or local 
     use in order to address cases where there have been worker 
     dislocations across multiple sectors or across multiple local 
     areas and such workers remain dislocated; coordinate the 
     State workforce development plan with emerging economic 
     development needs; and train such eligible dislocated 
     workers:  Provided further, That funds provided to carry out 
     sections 168(b) and 169(c) of the WIOA may be used for 
     technical assistance and demonstration projects, 
     respectively, that provide assistance to new entrants in the 
     workforce and incumbent workers:  Provided further, That 
     notwithstanding section 168(b) of the WIOA, of the funds 
     provided under this subparagraph, the Secretary of Labor 
     (referred to in this title as ``Secretary'') may reserve not 
     more than 10 percent of such funds to provide technical 
     assistance and carry out additional activities related to the 
     transition to the WIOA:  Provided further, That of the funds 
     provided under this subparagraph, $30,000,000 shall be for 
     training and employment assistance under sections 168(b), 
     169(c) (notwithstanding the 10 percent limitation in such 
     section) and 170 of the WIOA for workers in the Appalachian 
     region, as defined by 40 U.S.C. 14102(a)(1) and workers in 
     the Lower Mississippi, as defined in section 4(2) of the 
     Delta Development Act (Public Law 100-460, 102 Stat. 2246; 7 
     U.S.C. 2009aa(2));
       (B) $54,000,000 for Native American programs under section 
     166 of the WIOA, which shall be available for the period July 
     1, 2019 through June 30, 2020;
       (C) $87,896,000 for migrant and seasonal farmworker 
     programs under section 167 of the WIOA, including $81,447,000 
     for formula grants (of which not less than 70 percent shall 
     be for employment and training services), $5,922,000 for 
     migrant and seasonal housing (of which not less than 70 
     percent shall be for permanent housing), and $527,000 for 
     other discretionary purposes, which shall be available for 
     the period July 1, 2019 through June 30, 2020:  Provided, 
     That notwithstanding any other provision of law or related 
     regulation, the Department of Labor shall take no action 
     limiting the number or proportion of eligible participants 
     receiving related assistance services or discouraging 
     grantees from providing such services;
       (D) $89,534,000 for YouthBuild activities as described in 
     section 171 of the WIOA, which shall be available for the 
     period April 1, 2019 through June 30, 2020;
       (E) $93,079,000 for ex-offender activities, under the 
     authority of section 169 of the WIOA and section 212 of the 
     Second Chance Act of 2007, which shall be available for the 
     period April 1, 2019 through June 30, 2020:  Provided, That 
     of this amount, $25,000,000 shall be for competitive grants 
     to national and regional intermediaries for activities that 
     prepare young ex-offenders and school dropouts for 
     employment, with a priority for projects serving high-crime, 
     high-poverty areas;

[[Page S5640]]

       (F) $6,000,000 for the Workforce Data Quality Initiative, 
     under the authority of section 169 of the WIOA, which shall 
     be available for the period July 1, 2019 through June 30, 
     2020; and
       (G) $160,000,000 to expand opportunities relating to 
     apprenticeship programs registered under the National 
     Apprenticeship Act, to be available to the Secretary to carry 
     out activities through grants, cooperative agreements, 
     contracts and other arrangements, with States and other 
     appropriate entities, which shall be available for the period 
     April 1, 2019 through June 30, 2020.

                                job corps

                     (including transfer of funds)

       To carry out subtitle C of title I of the WIOA, including 
     Federal administrative expenses, the purchase and hire of 
     passenger motor vehicles, the construction, alteration, and 
     repairs of buildings and other facilities, and the purchase 
     of real property for training centers as authorized by the 
     WIOA, $1,718,655,000, plus reimbursements, as follows:
       (1) $1,603,325,000 for Job Corps Operations, which shall be 
     available for the period July 1, 2019 through June 30, 2020;
       (2) $83,000,000 for construction, rehabilitation and 
     acquisition of Job Corps Centers, which shall be available 
     for the period July 1, 2019 through June 30, 2022, and which 
     may include the acquisition, maintenance, and repair of major 
     items of equipment:  Provided, That the Secretary may 
     transfer up to 15 percent of such funds to meet the 
     operational needs of such centers or to achieve 
     administrative efficiencies:  Provided further, That any 
     funds transferred pursuant to the preceding provision shall 
     not be available for obligation after June 30, 2020:  
     Provided further, That the Committees on Appropriations of 
     the House of Representatives and the Senate are notified at 
     least 15 days in advance of any transfer; and
       (3) $32,330,000 for necessary expenses of Job Corps, which 
     shall be available for obligation for the period October 1, 
     2018 through September 30, 2019:
       Provided, That no funds from any other appropriation shall 
     be used to provide meal services at or for Job Corps centers.

            community service employment for older americans

       To carry out title V of the Older Americans Act of 1965 
     (referred to in this Act as ``OAA''), $400,000,000, which 
     shall be available for the period April 1, 2019 through June 
     30, 2020, and may be recaptured and reobligated in accordance 
     with section 517(c) of the OAA.

              federal unemployment benefits and allowances

       For payments during fiscal year 2019 of trade adjustment 
     benefit payments and allowances under part I of subchapter B 
     of chapter 2 of title II of the Trade Act of 1974, and 
     section 246 of that Act; and for training, employment and 
     case management services, allowances for job search and 
     relocation, and related State administrative expenses under 
     part II of subchapter B of chapter 2 of title II of the Trade 
     Act of 1974, and including benefit payments, allowances, 
     training, employment and case management services, and 
     related State administration provided pursuant to section 
     231(a) of the Trade Adjustment Assistance Extension Act of 
     2011 and section 405(a) of the Trade Preferences Extension 
     Act of 2015, $790,000,000 together with such amounts as may 
     be necessary to be charged to the subsequent appropriation 
     for payments for any period subsequent to September 15, 2019: 
      Provided, That notwithstanding section 502 of this Act, any 
     part of the appropriation provided under this heading may 
     remain available for obligation beyond the current fiscal 
     year pursuant to the authorities of section 245(c) of the 
     Trade Act of 1974 (19 U.S.C. 2317(c)).

     state unemployment insurance and employment service operations

       For authorized administrative expenses, $84,066,000, 
     together with not to exceed $3,254,944,000 which may be 
     expended from the Employment Security Administration Account 
     in the Unemployment Trust Fund (``the Trust Fund''), of 
     which:
       (1) $2,515,816,000 from the Trust Fund is for grants to 
     States for the administration of State unemployment insurance 
     laws as authorized under title III of the Social Security Act 
     (including not less than $150,000,000 to carry out 
     reemployment services and eligibility assessments under 
     section 306 of such Act, any claimants of regular 
     compensation, as defined in such section, including those who 
     are profiled as most likely to exhaust their benefits, may be 
     eligible for such services and assessments:  Provided, That 
     of such amount, $117,000,000 is specified for grants under 
     section 306 of the Social Security Act and is provided to 
     meet the terms of section 251(b)(2)(E)(ii) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended, 
     and $33,000,000 is additional new budget authority specified 
     for purposes of section 251(b)(2)(E)(i)(II) of such Act; and 
     $9,000,000 for continued support of the Unemployment 
     Insurance Integrity Center of Excellence), the administration 
     of unemployment insurance for Federal employees and for ex-
     service members as authorized under 5 U.S.C. 8501-8523, and 
     the administration of trade readjustment allowances, 
     reemployment trade adjustment assistance, and alternative 
     trade adjustment assistance under the Trade Act of 1974 and 
     under section 231(a) of the Trade Adjustment Assistance 
     Extension Act of 2011 and section 405(a) of the Trade 
     Preferences Extension Act of 2015, and shall be available for 
     obligation by the States through December 31, 2019, except 
     that funds used for automation shall be available for Federal 
     obligation through December 31, 2019, and for State 
     obligation through September 30, 2021, or, if the automation 
     is being carried out through consortia of States, for State 
     obligation through September 30, 2024, and for expenditure 
     through September 30, 2025, and funds for competitive grants 
     awarded to States for improved operations and to conduct in-
     person reemployment and eligibility assessments and 
     unemployment insurance improper payment reviews and provide 
     reemployment services and referrals to training, as 
     appropriate, shall be available for Federal obligation 
     through December 31, 2019, and for obligation by the States 
     through September 30, 2021, and funds for the Unemployment 
     Insurance Integrity Center of Excellence shall be available 
     for obligation by the State through September 30, 2020, and 
     funds used for unemployment insurance workloads experienced 
     through September 30, 2019 shall be available for Federal 
     obligation through December 31, 2019;
       (2) $12,000,000 from the Trust Fund is for national 
     activities necessary to support the administration of the 
     Federal-State unemployment insurance system;
       (3) $645,000,000 from the Trust Fund, together with 
     $21,413,000 from the General Fund of the Treasury, is for 
     grants to States in accordance with section 6 of the Wagner-
     Peyser Act, and shall be available for Federal obligation for 
     the period July 1, 2019 through June 30, 2020;
       (4) $19,818,000 from the Trust Fund is for national 
     activities of the Employment Service, including 
     administration of the work opportunity tax credit under 
     section 51 of the Internal Revenue Code of 1986, and the 
     provision of technical assistance and staff training under 
     the Wagner-Peyser Act;
       (5) $62,310,000 from the Trust Fund is for the 
     administration of foreign labor certifications and related 
     activities under the Immigration and Nationality Act and 
     related laws, of which $48,028,000 shall be available for the 
     Federal administration of such activities, and $14,282,000 
     shall be available for grants to States for the 
     administration of such activities; and
       (6) $62,653,000 from the General Fund is to provide 
     workforce information, national electronic tools, and one-
     stop system building under the Wagner-Peyser Act and shall be 
     available for Federal obligation for the period July 1, 2019 
     through June 30, 2020:
       Provided, That to the extent that the Average Weekly 
     Insured Unemployment (``AWIU'') for fiscal year 2019 is 
     projected by the Department of Labor to exceed 2,030,000, an 
     additional $28,600,000 from the Trust Fund shall be available 
     for obligation for every 100,000 increase in the AWIU level 
     (including a pro rata amount for any increment less than 
     100,000) to carry out title III of the Social Security Act:  
     Provided further, That funds appropriated in this Act that 
     are allotted to a State to carry out activities under title 
     III of the Social Security Act may be used by such State to 
     assist other States in carrying out activities under such 
     title III if the other States include areas that have 
     suffered a major disaster declared by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act:  Provided further, That the Secretary may use funds 
     appropriated for grants to States under title III of the 
     Social Security Act to make payments on behalf of States for 
     the use of the National Directory of New Hires under section 
     453(j)(8) of such Act:  Provided further, That the Secretary 
     may use funds appropriated for grants to States under title 
     III of the Social Security Act to make payments on behalf of 
     States to the entity operating the State Information Data 
     Exchange System:  Provided further, That funds appropriated 
     in this Act which are used to establish a national one-stop 
     career center system, or which are used to support the 
     national activities of the Federal-State unemployment 
     insurance, employment service, or immigration programs, may 
     be obligated in contracts, grants, or agreements with States 
     and non-State entities:  Provided further, That States 
     awarded competitive grants for improved operations under 
     title III of the Social Security Act, or awarded grants to 
     support the national activities of the Federal-State 
     unemployment insurance system, may award subgrants to other 
     States and non-State entities under such grants, subject to 
     the conditions applicable to the grants:  Provided further, 
     That funds appropriated under this Act for activities 
     authorized under title III of the Social Security Act and the 
     Wagner-Peyser Act may be used by States to fund integrated 
     Unemployment Insurance and Employment Service automation 
     efforts, notwithstanding cost allocation principles 
     prescribed under the final rule entitled ``Uniform 
     Administrative Requirements, Cost Principles, and Audit 
     Requirements for Federal Awards'' at part 200 of title 2, 
     Code of Federal Regulations:  Provided further, That the 
     Secretary, at the request of a State participating in a 
     consortium with other States, may reallot funds allotted to 
     such State under title III of the Social Security Act to 
     other States participating in the consortium in order to 
     carry out activities that benefit the administration of the 
     unemployment compensation law of the State making the 
     request:  Provided further, That the Secretary may collect 
     fees for the costs associated with additional data 
     collection, analyses, and reporting services relating to the 
     National Agricultural Workers Survey requested by State and 
     local governments, public and private institutions of higher 
     education, and

[[Page S5641]]

     nonprofit organizations and may utilize such sums, in 
     accordance with the provisions of 29 U.S.C. 9a, for the 
     National Agricultural Workers Survey infrastructure, 
     methodology, and data to meet the information collection and 
     reporting needs of such entities, which shall be credited to 
     this appropriation and shall remain available until September 
     30, 2020, for such purposes.

        advances to the unemployment trust fund and other funds

       For repayable advances to the Unemployment Trust Fund as 
     authorized by sections 905(d) and 1203 of the Social Security 
     Act, and to the Black Lung Disability Trust Fund as 
     authorized by section 9501(c)(1) of the Internal Revenue Code 
     of 1986; and for nonrepayable advances to the revolving fund 
     established by section 901(e) of the Social Security Act, to 
     the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, 
     and to the ``Federal Unemployment Benefits and Allowances'' 
     account, such sums as may be necessary, which shall be 
     available for obligation through September 30, 2020.

                         program administration

       For expenses of administering employment and training 
     programs, $108,674,000, together with not to exceed 
     $49,982,000 which may be expended from the Employment 
     Security Administration Account in the Unemployment Trust 
     Fund.

               Employee Benefits Security Administration

                         salaries and expenses

       For necessary expenses for the Employee Benefits Security 
     Administration, $186,500,000, of which up to $3,000,000 shall 
     be made available through September 30, 2020, for the 
     procurement of expert witnesses for enforcement litigation.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

       The Pension Benefit Guaranty Corporation (``Corporation'') 
     is authorized to make such expenditures, including financial 
     assistance authorized by subtitle E of title IV of the 
     Employee Retirement Income Security Act of 1974, within 
     limits of funds and borrowing authority available to the 
     Corporation, and in accord with law, and to make such 
     contracts and commitments without regard to fiscal year 
     limitations, as provided by 31 U.S.C. 9104, as may be 
     necessary in carrying out the program, including associated 
     administrative expenses, through September 30, 2019, for the 
     Corporation:  Provided, That none of the funds available to 
     the Corporation for fiscal year 2019 shall be available for 
     obligations for administrative expenses in excess of 
     $445,363,000:  Provided further, That to the extent that the 
     number of new plan participants in plans terminated by the 
     Corporation exceeds 100,000 in fiscal year 2019, an amount 
     not to exceed an additional $9,200,000 shall be available 
     through September 30, 2020, for obligation for administrative 
     expenses for every 20,000 additional terminated participants: 
      Provided further, That obligations in excess of the amounts 
     provided in this paragraph may be incurred for unforeseen and 
     extraordinary pretermination expenses or extraordinary 
     multiemployer program related expenses after approval by the 
     Office of Management and Budget and notification of the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.

                         Wage and Hour Division

                         salaries and expenses

       For necessary expenses for the Wage and Hour Division, 
     including reimbursement to State, Federal, and local agencies 
     and their employees for inspection services rendered, 
     $229,000,000.

                  Office of Labor-Management Standards

                         salaries and expenses

       For necessary expenses for the Office of Labor-Management 
     Standards, $40,187,000.

             Office of Federal Contract Compliance Programs

                         salaries and expenses

       For necessary expenses for the Office of Federal Contract 
     Compliance Programs, $103,476,000.

                Office of Workers' Compensation Programs

                         salaries and expenses

       For necessary expenses for the Office of Workers' 
     Compensation Programs, $115,424,000, together with $2,177,000 
     which may be expended from the Special Fund in accordance 
     with sections 39(c), 44(d), and 44(j) of the Longshore and 
     Harbor Workers' Compensation Act.

                            special benefits

                     (including transfer of funds)

       For the payment of compensation, benefits, and expenses 
     (except administrative expenses) accruing during the current 
     or any prior fiscal year authorized by 5 U.S.C. 81; 
     continuation of benefits as provided for under the heading 
     ``Civilian War Benefits'' in the Federal Security Agency 
     Appropriation Act, 1947; the Employees' Compensation 
     Commission Appropriation Act, 1944; section 5(f) of the War 
     Claims Act (50 U.S.C. App. 2012); obligations incurred under 
     the War Hazards Compensation Act (42 U.S.C. 1701 et seq.); 
     and 50 percent of the additional compensation and benefits 
     required by section 10(h) of the Longshore and Harbor 
     Workers' Compensation Act, $230,000,000, together with such 
     amounts as may be necessary to be charged to the subsequent 
     year appropriation for the payment of compensation and other 
     benefits for any period subsequent to August 15 of the 
     current year, for deposit into and to assume the attributes 
     of the Employees' Compensation Fund established under 5 
     U.S.C. 8147(a):  Provided, That amounts appropriated may be 
     used under 5 U.S.C. 8104 by the Secretary to reimburse an 
     employer, who is not the employer at the time of injury, for 
     portions of the salary of a re-employed, disabled 
     beneficiary:  Provided further, That balances of 
     reimbursements unobligated on September 30, 2018, shall 
     remain available until expended for the payment of 
     compensation, benefits, and expenses:  Provided further, That 
     in addition there shall be transferred to this appropriation 
     from the Postal Service and from any other corporation or 
     instrumentality required under 5 U.S.C. 8147(c) to pay an 
     amount for its fair share of the cost of administration, such 
     sums as the Secretary determines to be the cost of 
     administration for employees of such fair share entities 
     through September 30, 2019:  Provided further, That of those 
     funds transferred to this account from the fair share 
     entities to pay the cost of administration of the Federal 
     Employees' Compensation Act, $74,777,000 shall be made 
     available to the Secretary as follows:
       (1) For enhancement and maintenance of automated data 
     processing systems operations and telecommunications systems, 
     $24,540,000;
       (2) For automated workload processing operations, including 
     document imaging, centralized mail intake, and medical bill 
     processing, $22,968,000;
       (3) For periodic roll disability management and medical 
     review, $25,535,000;
       (4) For program integrity, $1,734,000; and
       (5) The remaining funds shall be paid into the Treasury as 
     miscellaneous receipts:
       Provided further, That the Secretary may require that any 
     person filing a notice of injury or a claim for benefits 
     under 5 U.S.C. 81, or the Longshore and Harbor Workers' 
     Compensation Act, provide as part of such notice and claim, 
     such identifying information (including Social Security 
     account number) as such regulations may prescribe.

               special benefits for disabled coal miners

       For carrying out title IV of the Federal Mine Safety and 
     Health Act of 1977, as amended by Public Law 107-275, 
     $10,319,000, to remain available until expended.
       For making after July 31 of the current fiscal year, 
     benefit payments to individuals under title IV of such Act, 
     for costs incurred in the current fiscal year, such amounts 
     as may be necessary.
       For making benefit payments under title IV for the first 
     quarter of fiscal year 2020, $14,000,000, to remain available 
     until expended.

    administrative expenses, energy employees occupational illness 
                           compensation fund

       For necessary expenses to administer the Energy Employees 
     Occupational Illness Compensation Program Act, $59,098,000, 
     to remain available until expended:  Provided, That the 
     Secretary may require that any person filing a claim for 
     benefits under the Act provide as part of such claim such 
     identifying information (including Social Security account 
     number) as may be prescribed.

                    black lung disability trust fund

                     (including transfer of funds)

       Such sums as may be necessary from the Black Lung 
     Disability Trust Fund (the ``Fund''), to remain available 
     until expended, for payment of all benefits authorized by 
     section 9501(d)(1), (2), (6), and (7) of the Internal Revenue 
     Code of 1986; and repayment of, and payment of interest on 
     advances, as authorized by section 9501(d)(4) of that Act. In 
     addition, the following amounts may be expended from the Fund 
     for fiscal year 2019 for expenses of operation and 
     administration of the Black Lung Benefits program, as 
     authorized by section 9501(d)(5): not to exceed $38,246,000 
     for transfer to the Office of Workers' Compensation Programs, 
     ``Salaries and Expenses''; not to exceed $31,994,000 for 
     transfer to Departmental Management, ``Salaries and 
     Expenses''; not to exceed $330,000 for transfer to 
     Departmental Management, ``Office of Inspector General''; and 
     not to exceed $356,000 for payments into miscellaneous 
     receipts for the expenses of the Department of the Treasury.

             Occupational Safety and Health Administration

                         salaries and expenses

       For necessary expenses for the Occupational Safety and 
     Health Administration, $556,787,000, including not to exceed 
     $102,850,000 which shall be the maximum amount available for 
     grants to States under section 23(g) of the Occupational 
     Safety and Health Act (the ``Act''), which grants shall be no 
     less than 50 percent of the costs of State occupational 
     safety and health programs required to be incurred under 
     plans approved by the Secretary under section 18 of the Act; 
     and, in addition, notwithstanding 31 U.S.C. 3302, the 
     Occupational Safety and Health Administration may retain up 
     to $499,000 per fiscal year of training institute course 
     tuition and fees, otherwise authorized by law to be 
     collected, and may utilize such sums for occupational safety 
     and health training and education:  Provided, That 
     notwithstanding 31 U.S.C. 3302, the Secretary is authorized, 
     during the fiscal year ending September 30, 2019, to collect 
     and retain fees for services provided to Nationally 
     Recognized Testing Laboratories, and may utilize

[[Page S5642]]

     such sums, in accordance with the provisions of 29 U.S.C. 9a, 
     to administer national and international laboratory 
     recognition programs that ensure the safety of equipment and 
     products used by workers in the workplace:  Provided further, 
     That none of the funds appropriated under this paragraph 
     shall be obligated or expended to prescribe, issue, 
     administer, or enforce any standard, rule, regulation, or 
     order under the Act which is applicable to any person who is 
     engaged in a farming operation which does not maintain a 
     temporary labor camp and employs 10 or fewer employees:  
     Provided further, That no funds appropriated under this 
     paragraph shall be obligated or expended to administer or 
     enforce any standard, rule, regulation, or order under the 
     Act with respect to any employer of 10 or fewer employees who 
     is included within a category having a Days Away, Restricted, 
     or Transferred (``DART'') occupational injury and illness 
     rate, at the most precise industrial classification code for 
     which such data are published, less than the national average 
     rate as such rates are most recently published by the 
     Secretary, acting through the Bureau of Labor Statistics, in 
     accordance with section 24 of the Act, except--
       (1) to provide, as authorized by the Act, consultation, 
     technical assistance, educational and training services, and 
     to conduct surveys and studies;
       (2) to conduct an inspection or investigation in response 
     to an employee complaint, to issue a citation for violations 
     found during such inspection, and to assess a penalty for 
     violations which are not corrected within a reasonable 
     abatement period and for any willful violations found;
       (3) to take any action authorized by the Act with respect 
     to imminent dangers;
       (4) to take any action authorized by the Act with respect 
     to health hazards;
       (5) to take any action authorized by the Act with respect 
     to a report of an employment accident which is fatal to one 
     or more employees or which results in hospitalization of two 
     or more employees, and to take any action pursuant to such 
     investigation authorized by the Act; and
       (6) to take any action authorized by the Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under the Act:
       Provided further, That the foregoing proviso shall not 
     apply to any person who is engaged in a farming operation 
     which does not maintain a temporary labor camp and employs 10 
     or fewer employees:  Provided further, That $10,537,000 shall 
     be available for Susan Harwood training grants, of which the 
     Secretary shall reserve not less than $4,500,000 for Susan 
     Harwood Training Capacity Building Developmental grants, as 
     described in Funding Opportunity Number SHTG-GY-16-02 
     (referenced in the notice of availability of funds published 
     in the Federal Register on May 3, 2016 (81 Fed. Reg. 30568)) 
     for program activities starting not later than September 30, 
     2019 and lasting for a period of 12 months:  Provided 
     further, That not less than $3,500,000 shall be for Voluntary 
     Protection Programs.

                 Mine Safety and Health Administration

                         salaries and expenses

       For necessary expenses for the Mine Safety and Health 
     Administration, $373,816,000, including purchase and bestowal 
     of certificates and trophies in connection with mine rescue 
     and first-aid work, and the hire of passenger motor vehicles, 
     including up to $2,000,000 for mine rescue and recovery 
     activities and not less than $10,537,000 for State assistance 
     grants:  Provided, That amounts available for State 
     assistance grants may be used for the purchase and 
     maintenance of new equipment required by the final rule 
     entitled ``Lowering Miners' Exposure to Respirable Coal Mine 
     Dust, Including Continuous Personal Dust Monitors'' published 
     by the Department of Labor in the Federal Register on May 1, 
     2014 (79 Fed. Reg. 24813 et seq.), for operators that 
     demonstrate financial need as determined by the Secretary:  
     Provided further, That notwithstanding 31 U.S.C. 3302, not to 
     exceed $750,000 may be collected by the National Mine Health 
     and Safety Academy for room, board, tuition, and the sale of 
     training materials, otherwise authorized by law to be 
     collected, to be available for mine safety and health 
     education and training activities:  Provided further, That 
     notwithstanding 31 U.S.C. 3302, the Mine Safety and Health 
     Administration is authorized to collect and retain up to 
     $2,499,000 from fees collected for the approval and 
     certification of equipment, materials, and explosives for use 
     in mines, and may utilize such sums for such activities:  
     Provided further, That the Secretary is authorized to accept 
     lands, buildings, equipment, and other contributions from 
     public and private sources and to prosecute projects in 
     cooperation with other agencies, Federal, State, or private:  
     Provided further, That the Mine Safety and Health 
     Administration is authorized to promote health and safety 
     education and training in the mining community through 
     cooperative programs with States, industry, and safety 
     associations:  Provided further, That the Secretary is 
     authorized to recognize the Joseph A. Holmes Safety 
     Association as a principal safety association and, 
     notwithstanding any other provision of law, may provide funds 
     and, with or without reimbursement, personnel, including 
     service of Mine Safety and Health Administration officials as 
     officers in local chapters or in the national organization:  
     Provided further, That any funds available to the Department 
     of Labor may be used, with the approval of the Secretary, to 
     provide for the costs of mine rescue and survival operations 
     in the event of a major disaster.

                       Bureau of Labor Statistics

                         salaries and expenses

       For necessary expenses for the Bureau of Labor Statistics, 
     including advances or reimbursements to State, Federal, and 
     local agencies and their employees for services rendered, 
     $550,000,000, together with not to exceed $65,000,000 which 
     may be expended from the Employment Security Administration 
     account in the Unemployment Trust Fund.

                 Office of Disability Employment Policy

                         salaries and expenses

       For necessary expenses for the Office of Disability 
     Employment Policy to provide leadership, develop policy and 
     initiatives, and award grants furthering the objective of 
     eliminating barriers to the training and employment of people 
     with disabilities, $38,203,000.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses for Departmental Management, 
     including the hire of three passenger motor vehicles, 
     $337,536,000, together with not to exceed $308,000, which may 
     be expended from the Employment Security Administration 
     account in the Unemployment Trust Fund:  Provided, That 
     $59,825,000 for the Bureau of International Labor Affairs 
     shall be available for obligation through December 31, 2019:  
     Provided further, That funds available to the Bureau of 
     International Labor Affairs may be used to administer or 
     operate international labor activities, bilateral and 
     multilateral technical assistance, and microfinance programs, 
     by or through contracts, grants, subgrants and other 
     arrangements:  Provided further, That not more than 
     $53,825,000 shall be for programs to combat exploitative 
     child labor internationally and not less than $6,000,000 
     shall be used to implement model programs that address worker 
     rights issues through technical assistance in countries with 
     which the United States has free trade agreements or trade 
     preference programs:  Provided further, That $8,040,000 shall 
     be used for program evaluation and shall be available for 
     obligation through September 30, 2020:  Provided further, 
     That funds available for program evaluation may be used to 
     administer grants for the purpose of evaluation:  Provided 
     further, That grants made for the purpose of evaluation shall 
     be awarded through fair and open competition:  Provided 
     further, That funds available for program evaluation may be 
     transferred to any other appropriate account in the 
     Department for such purpose:  Provided further, That the 
     Committees on Appropriations of the House of Representatives 
     and the Senate are notified at least 15 days in advance of 
     any transfer:  Provided further, That the funds available to 
     the Women's Bureau may be used for grants to serve and 
     promote the interests of women in the workforce:  Provided 
     further, That of the amounts made available to the Women's 
     Bureau, $994,000 shall be used for grants authorized by the 
     Women in Apprenticeship and Nontraditional Occupations Act.

                    veterans employment and training

       Not to exceed $250,041,000 may be derived from the 
     Employment Security Administration account in the 
     Unemployment Trust Fund to carry out the provisions of 
     chapters 41, 42, and 43 of title 38, United States Code, of 
     which:
       (1) $180,000,000 is for Jobs for Veterans State grants 
     under 38 U.S.C. 4102A(b)(5) to support disabled veterans' 
     outreach program specialists under section 4103A of such 
     title and local veterans' employment representatives under 
     section 4104(b) of such title, and for the expenses described 
     in section 4102A(b)(5)(C), which shall be available for 
     obligation by the States through December 31, 2019, and not 
     to exceed 3 percent for the necessary Federal expenditures 
     for data systems and contract support to allow for the 
     tracking of participant and performance information:  
     Provided, That, in addition, such funds may be used to 
     support such specialists and representatives in the provision 
     of services to transitioning members of the Armed Forces who 
     have participated in the Transition Assistance Program and 
     have been identified as in need of intensive services, to 
     members of the Armed Forces who are wounded, ill, or injured 
     and receiving treatment in military treatment facilities or 
     warrior transition units, and to the spouses or other family 
     caregivers of such wounded, ill, or injured members;
       (2) $24,500,000 is for carrying out the Transition 
     Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
       (3) $42,127,000 is for Federal administration of chapters 
     41, 42, and 43 of title 38, United States Code:  Provided, 
     That, up to $500,000 may be used to carry out the Hire VETS 
     Act (division O of Public Law 115-31); and
       (4) $3,414,000 is for the National Veterans' Employment and 
     Training Services Institute under 38 U.S.C. 4109:
       Provided, That the Secretary may reallocate among the 
     appropriations provided under paragraphs (1) through (4) 
     above an amount not to exceed 3 percent of the appropriation 
     from which such reallocation is made.
        In addition, from the General Fund of the Treasury, 
     $50,000,000 is for carrying out programs to assist homeless 
     veterans and veterans at risk of homelessness who are 
     transitioning from certain institutions under

[[Page S5643]]

     sections 2021, 2021A, and 2023 of title 38, United States 
     Code:  Provided, That notwithstanding subsections (c)(3) and 
     (d) of section 2023, the Secretary may award grants through 
     September 30, 2019, to provide services under such section:  
     Provided further, That services provided under section 2023 
     may include, in addition to services to the individuals 
     described in subsection (e) of such section, services to 
     veterans recently released from incarceration who are at risk 
     of homelessness.
        In addition, fees may be assessed and deposited in the 
     HIRE Vets Medallion Award Fund pursuant to section 5(b) of 
     the HIRE Vets Act, and such amounts shall be available to the 
     Secretary to carry out the HIRE Vets Medallion Award Program, 
     as authorized by such Act, and shall remain available until 
     expended:  Provided, That such sums shall be in addition to 
     any other funds available for such purposes, including funds 
     available under paragraph (3) of this heading:  Provided 
     further, That section 2(d) of division O of the Consolidated 
     Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100 
     note) shall not apply.

                            it modernization

       For necessary expenses for Department of Labor centralized 
     infrastructure technology investment activities related to 
     support systems and modernization, $20,769,000, which shall 
     be available until expended.

                      office of inspector general

       For salaries and expenses of the Office of Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, $83,487,000, together with not to exceed 
     $5,660,000 which may be expended from the Employment Security 
     Administration account in the Unemployment Trust Fund.

                           General Provisions

       Sec. 101.  None of the funds appropriated by this Act for 
     the Job Corps shall be used to pay the salary and bonuses of 
     an individual, either as direct costs or any proration as an 
     indirect cost, at a rate in excess of Executive Level II.

                          (transfer of funds)

       Sec. 102.  Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the current 
     fiscal year for the Department of Labor in this Act may be 
     transferred between a program, project, or activity, but no 
     such program, project, or activity shall be increased by more 
     than 3 percent by any such transfer:  Provided, That the 
     transfer authority granted by this section shall not be used 
     to create any new program or to fund any project or activity 
     for which no funds are provided in this Act:  Provided 
     further, That the Committees on Appropriations of the House 
     of Representatives and the Senate are notified at least 15 
     days in advance of any transfer.
       Sec. 103.  In accordance with Executive Order 13126, none 
     of the funds appropriated or otherwise made available 
     pursuant to this Act shall be obligated or expended for the 
     procurement of goods mined, produced, manufactured, or 
     harvested or services rendered, in whole or in part, by 
     forced or indentured child labor in industries and host 
     countries already identified by the United States Department 
     of Labor prior to enactment of this Act.
       Sec. 104.  Except as otherwise provided in this section, 
     none of the funds made available to the Department of Labor 
     for grants under section 414(c) of the American 
     Competitiveness and Workforce Improvement Act of 1998 (29 
     U.S.C. 2916a) may be used for any purpose other than 
     competitive grants for training individuals who are older 
     than 16 years of age and are not currently enrolled in school 
     within a local educational agency in the occupations and 
     industries for which employers are using H-1B visas to hire 
     foreign workers, and the related activities necessary to 
     support such training.
       Sec. 105.  None of the funds made available by this Act 
     under the heading ``Employment and Training Administration'' 
     shall be used by a recipient or subrecipient of such funds to 
     pay the salary and bonuses of an individual, either as direct 
     costs or indirect costs, at a rate in excess of Executive 
     Level II. This limitation shall not apply to vendors 
     providing goods and services as defined in Office of 
     Management and Budget Circular A-133. Where States are 
     recipients of such funds, States may establish a lower limit 
     for salaries and bonuses of those receiving salaries and 
     bonuses from subrecipients of such funds, taking into account 
     factors including the relative cost-of-living in the State, 
     the compensation levels for comparable State or local 
     government employees, and the size of the organizations that 
     administer Federal programs involved including Employment and 
     Training Administration programs.

                          (transfer of funds)

       Sec. 106. (a) Notwithstanding section 102, the Secretary 
     may transfer funds made available to the Employment and 
     Training Administration by this Act, either directly or 
     through a set-aside, for technical assistance services to 
     grantees to ``Program Administration'' when it is determined 
     that those services will be more efficiently performed by 
     Federal employees:  Provided, That this section shall not 
     apply to section 171 of the WIOA.
       (b) Notwithstanding section 102, the Secretary may transfer 
     not more than 0.5 percent of each discretionary appropriation 
     made available to the Employment and Training Administration 
     by this Act to ``Program Administration'' in order to carry 
     out program integrity activities relating to any of the 
     programs or activities that are funded under any such 
     discretionary appropriations:  Provided, That notwithstanding 
     section 102 and the preceding proviso, the Secretary may 
     transfer not more than 0.5 percent of funds made available in 
     paragraphs (1) and (2) of the ``Office of Job Corps'' account 
     to paragraph (3) of such account to carry out program 
     integrity activities related to the Job Corps program:  
     Provided further, That funds transferred under the authority 
     provided by this subsection shall be available for obligation 
     through September 30, 2020.

                          (transfer of funds)

       Sec. 107. (a) The Secretary may reserve not more than 0.75 
     percent from each appropriation made available in this Act 
     identified in subsection (b) in order to carry out 
     evaluations of any of the programs or activities that are 
     funded under such accounts. Any funds reserved under this 
     section shall be transferred to ``Departmental Management'' 
     for use by the Office of the Chief Evaluation Officer within 
     the Department of Labor, and shall be available for 
     obligation through September 30, 2020:  Provided, That such 
     funds shall only be available if the Chief Evaluation Officer 
     of the Department of Labor submits a plan to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate describing the evaluations to be carried out 15 days 
     in advance of any transfer.
       (b) The accounts referred to in subsection (a) are: 
     ``Training and Employment Services'', ``Job Corps'', 
     ``Community Service Employment for Older Americans'', ``State 
     Unemployment Insurance and Employment Service Operations'', 
     ``Employee Benefits Security Administration'', ``Office of 
     Workers' Compensation Programs'', ``Wage and Hour Division'', 
     ``Office of Federal Contract Compliance Programs'', ``Office 
     of Labor Management Standards'', ``Occupational Safety and 
     Health Administration'', ``Mine Safety and Health 
     Administration'', ``Office of Disability Employment Policy'', 
     funding made available to the ``Bureau of International Labor 
     Affairs'' and ``Women's Bureau'' within the ``Departmental 
     Management, Salaries and Expenses'' account, and ``Veterans 
     Employment and Training''.
       Sec. 108.  Notwithstanding any other provision of law, 
     beginning October 1, 2017, the Secretary of Labor, in 
     consultation with the Secretary of Agriculture may select an 
     entity to operate a Civilian Conservation Center on a 
     competitive basis in accordance with section 147 of the WIOA, 
     if the Secretary of Labor determines such Center has had 
     consistently low performance under the performance 
     accountability system in effect for the Job Corps program 
     prior to July 1, 2016, or with respect to expected levels of 
     performance established under section 159(c) of such Act 
     beginning July 1, 2016.
       Sec. 109. (a) Section 7 of the Fair Labor Standards Act of 
     1938 (29 U.S.C. 207) shall be applied as if the following 
     text is part of such section:
       ``(s)(1) The provisions of this section shall not apply for 
     a period of 2 years after the occurrence of a major disaster 
     to any employee--
       ``(A) employed to adjust or evaluate claims resulting from 
     or relating to such major disaster, by an employer not 
     engaged, directly or through an affiliate, in underwriting, 
     selling, or marketing property, casualty, or liability 
     insurance policies or contracts;
       ``(B) who receives from such employer on average weekly 
     compensation of not less than $591.00 per week or any minimum 
     weekly amount established by the Secretary, whichever is 
     greater, for the number of weeks such employee is engaged in 
     any of the activities described in subparagraph (C); and
       ``(C) whose duties include any of the following:
       ``(i) interviewing insured individuals, individuals who 
     suffered injuries or other damages or losses arising from or 
     relating to a disaster, witnesses, or physicians;
       ``(ii) inspecting property damage or reviewing factual 
     information to prepare damage estimates;
       ``(iii) evaluating and making recommendations regarding 
     coverage or compensability of claims or determining liability 
     or value aspects of claims;
       ``(iv) negotiating settlements; or
       ``(v) making recommendations regarding litigation.
       ``(2) The exemption in this subsection shall not affect the 
     exemption provided by section 13(a)(1).
       ``(3) For purposes of this subsection--
       ``(A) the term `major disaster' means any disaster or 
     catastrophe declared or designated by any State or Federal 
     agency or department;
       ``(B) the term `employee employed to adjust or evaluate 
     claims resulting from or relating to such major disaster' 
     means an individual who timely secured or secures a license 
     required by applicable law to engage in and perform the 
     activities described in clauses (i) through (v) of paragraph 
     (1)(C) relating to a major disaster, and is employed by an 
     employer that maintains worker compensation insurance 
     coverage or protection for its employees, if required by 
     applicable law, and withholds applicable Federal, State, and 
     local income and payroll taxes from the wages, salaries and 
     any benefits of such employees; and
       ``(C) the term `affiliate' means a company that, by reason 
     of ownership or control of 25

[[Page S5644]]

     percent or more of the outstanding shares of any class of 
     voting securities of one or more companies, directly or 
     indirectly, controls, is controlled by, or is under common 
     control with, another company.''.
       (b) This section shall be effective on the date of 
     enactment of this Act.

                              (rescission)

       Sec. 110.  Of the funds made available under the heading 
     ``Employment and Training Administration-Training and 
     Employment Services'' in division H of Public Law 115-141, 
     $34,000,000 is rescinded, to be derived from the amount made 
     available in paragraph (2)(A) under such heading for the 
     period October 1, 2018, through September 30, 2019.
       Sec. 111. (a) Flexibility With Respect to the Crossing of 
     H-2B Nonimmigrants Working in the Seafood Industry.--
       (1) In general.--Subject to paragraph (2), if a petition 
     for H-2B nonimmigrants filed by an employer in the seafood 
     industry is granted, the employer may bring the nonimmigrants 
     described in the petition into the United States at any time 
     during the 120-day period beginning on the start date for 
     which the employer is seeking the services of the 
     nonimmigrants without filing another petition.
       (2) Requirements for crossings after 90th day.--An employer 
     in the seafood industry may not bring H-2B nonimmigrants into 
     the United States after the date that is 90 days after the 
     start date for which the employer is seeking the services of 
     the nonimmigrants unless the employer--
       (A) completes a new assessment of the local labor market 
     by--
       (i) listing job orders in local newspapers on 2 separate 
     Sundays; and
       (ii) posting the job opportunity on the appropriate 
     Department of Labor Electronic Job Registry and at the 
     employer's place of employment; and
       (B) offers the job to an equally or better qualified United 
     States worker who--
       (i) applies for the job; and
       (ii) will be available at the time and place of need.
       (3) Exemption from rules with respect to staggering.--The 
     Secretary of Labor shall not consider an employer in the 
     seafood industry who brings H-2B nonimmigrants into the 
     United States during the 120-day period specified in 
     paragraph (1) to be staggering the date of need in violation 
     of section 655.20(d) of title 20, Code of Federal 
     Regulations, or any other applicable provision of law.
       (b) H-2B Nonimmigrants Defined.--In this section, the term 
     ``H-2B nonimmigrants'' means aliens admitted to the United 
     States pursuant to section 101(a)(15)(H)(ii)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(B)).
       Sec. 112.  The determination of prevailing wage for the 
     purposes of the H-2B program shall be the greater of--(1) the 
     actual wage level paid by the employer to other employees 
     with similar experience and qualifications for such position 
     in the same location; or (2) the prevailing wage level for 
     the occupational classification of the position in the 
     geographic area in which the H-2B nonimmigrant will be 
     employed, based on the best information available at the time 
     of filing the petition. In the determination of prevailing 
     wage for the purposes of the H-2B program, the Secretary 
     shall accept private wage surveys even in instances where 
     Occupational Employment Statistics survey data are available 
     unless the Secretary determines that the methodology and data 
     in the provided survey are not statistically supported.
       Sec. 113.  None of the funds in this Act shall be used to 
     enforce the definition of corresponding employment found in 
     20 CFR 655.5 or the three-fourths guarantee rule definition 
     found in 20 CFR 655.20, or any references thereto. Further, 
     for the purpose of regulating admission of temporary workers 
     under the H-2B program, the definition of temporary need 
     shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
       Sec. 114.  Notwithstanding any other provision of law, the 
     Secretary may furnish through grants, cooperative agreements, 
     contracts, and other arrangements, up to $2,000,000 of excess 
     personal property to apprenticeship programs for the purpose 
     of training apprentices in those programs.
       Sec. 115.  The proviso at the end of paragraph (1) under 
     the heading ``Department of Labor--Employment and Training 
     Administration--State Unemployment Insurance and Employment 
     Service Operations'' in title I of division G of Public Law 
     113-235 shall be applied in fiscal year 2019 by substituting 
     ``seven'' for ``six''.
       Sec. 116. (a) The Act entitled ``An Act to create a 
     Department of Labor'', approved March 4, 1913 (37 Stat. 736, 
     chapter 141) shall be applied as if the following text is 
     part of such Act:

     ``SEC. 12. SECURITY DETAIL.

       ``(a) In General.--The Secretary of Labor is authorized to 
     employ law enforcement officers or special agents to--
       ``(1) provide protection for the Secretary of Labor during 
     the workday of the Secretary and during any activity that is 
     preliminary or postliminary to the performance of official 
     duties by the Secretary;
       ``(2) provide protection, incidental to the protection 
     provided to the Secretary, to a member of the immediate 
     family of the Secretary who is participating in an activity 
     or event relating to the official duties of the Secretary;
       ``(3) provide continuous protection to the Secretary 
     (including during periods not described in paragraph (1)) and 
     to the members of the immediate family of the Secretary if 
     there is a unique and articulable threat of physical harm, in 
     accordance with guidelines established by the Secretary; and
       ``(4) provide protection to the Deputy Secretary of Labor 
     or another senior officer representing the Secretary of Labor 
     at a public event if there is a unique and articulable threat 
     of physical harm, in accordance with guidelines established 
     by the Secretary.
       ``(b) Authorities.--The Secretary of Labor may authorize a 
     law enforcement officer or special agent employed under 
     subsection (a), for the purpose of performing the duties 
     authorized under subsection (a), to--
       ``(1) carry firearms;
       ``(2) make arrests without a warrant for any offense 
     against the United States committed in the presence of such 
     officer or special agent;
       ``(3) perform protective intelligence work, including 
     identifying and mitigating potential threats and conducting 
     advance work to review security matters relating to sites and 
     events;
       ``(4) coordinate with local law enforcement agencies; and
       ``(5) initiate criminal and other investigations into 
     potential threats to the security of the Secretary, in 
     coordination with the Inspector General of the Department of 
     Labor.
       ``(c) Compliance With Guidelines.--A law enforcement 
     officer or special agent employed under subsection (a) shall 
     exercise any authority provided under this section in 
     accordance with any--
       ``(1) guidelines issued by the Attorney General; and
       ``(2) guidelines prescribed by the Secretary of Labor.''.
       (b) This section shall be effective on the date of 
     enactment of this Act.
       Sec. 117.  The Secretary is authorized to dispose of or 
     divest, by any means the Secretary determines appropriate, 
     including an agreement or partnership to construct a new Job 
     Corps center, all or a portion of the real property on which 
     the Treasure Island Job Corps Center is situated. Any sale or 
     other disposition will not be subject to any requirement of 
     any Federal law or regulation relating to the disposition of 
     Federal real property, including but not limited to 
     subchapter III of chapter 5 of title 40 of the United States 
     Code and subchapter V of chapter 119 of title 42 of the 
     United States Code. The net proceeds of such a sale shall be 
     transferred to the Secretary, which shall be available until 
     expended to carry out the Job Corps Program.
       This title may be cited as the ``Department of Labor 
     Appropriations Act, 2019''.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                          primary health care

       For carrying out titles II and III of the Public Health 
     Service Act (referred to in this Act as the ``PHS Act'') with 
     respect to primary health care and the Native Hawaiian Health 
     Care Act of 1988, $1,626,522,000:  Provided, That no more 
     than $1,000,000 shall be available until expended for 
     carrying out the provisions of section 224(o) of the PHS Act: 
      Provided further, That no more than $114,893,000 shall be 
     available until expended for carrying out subsections (g) 
     through (n) and (q) of section 224 of the PHS Act, and for 
     expenses incurred by the Department of Health and Human 
     Services (referred to in this Act as ``HHS'') pertaining to 
     administrative claims made under such law:  Provided further, 
     That of funds provided for the Health Centers program, as 
     defined by section 330 of the PHS Act, by this Act or any 
     other Act for fiscal year 2019, not less than $200,000,000 
     shall be obligated in fiscal year 2019 for improving quality 
     of care or expanded service grants under section 330 of the 
     PHS Act to support and enhance behavioral health, mental 
     health, or substance use disorder services.

                            health workforce

       For carrying out titles III, VII, and VIII of the PHS Act 
     with respect to the health workforce, sections 1128E and 1921 
     of the Social Security Act, and the Health Care Quality 
     Improvement Act of 1986, $1,072,695,000, of which 
     $111,916,000 shall be available to carry out sections 755 and 
     756 of the PHS Act:  Provided, That sections 747(c)(2), 
     751(j)(2), 762(k), and the proportional funding amounts in 
     paragraphs (1) through (4) of section 756(f) of the PHS Act 
     shall not apply to funds made available under this heading:  
     Provided further, That for any program operating under 
     section 751 of the PHS Act on or before January 1, 2009, the 
     Secretary of Health and Human Services (referred to in this 
     title as the ``Secretary'') may hereafter waive any of the 
     requirements contained in sections 751(d)(2)(A) and 
     751(d)(2)(B) of such Act for the full project period of a 
     grant under such section:  Provided further, That no funds 
     shall be available for section 340G-1 of the PHS Act:  
     Provided further, That fees collected for the disclosure of 
     information under section 427(b) of the Health Care Quality 
     Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of 
     the Social Security Act shall be sufficient to recover the 
     full costs of operating the programs authorized by such 
     sections and shall remain available until expended for the 
     National Practitioner Data Bank:  Provided further, That 
     funds transferred to this

[[Page S5645]]

     account to carry out section 846 and subpart 3 of part D of 
     title III of the PHS Act may be used to make prior year 
     adjustments to awards made under such sections:  Provided 
     further, That $105,000,000 shall remain available until 
     expended for the purposes of providing primary health 
     services, be used to assign National Health Service Corps 
     (``NHSC'') members to expand the delivery of substance use 
     disorder treatment services, notwithstanding the assignment 
     priorities and limitations in or under sections 333(a)(1)(D), 
     333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and to make 
     NHSC Loan Repayment Program awards under section 338B of such 
     Act:  Provided further, That for purposes of the previous 
     proviso, section 331(a)(3)(D) of the PHS Act shall be applied 
     as if the term ``primary health services'' includes clinical 
     substance use disorder treatment services, including those 
     provided by masters level, licensed substance use disorder 
     treatment counselors.

                       maternal and child health

       For carrying out titles III, XI, XII, and XIX of the PHS 
     Act with respect to maternal and child health, title V of the 
     Social Security Act, and section 712 of the American Jobs 
     Creation Act of 2004, $924,789,000, of which $10,000,000 
     shall be available for carrying out section 330M of the PHS 
     Act:  Provided, That notwithstanding sections 502(a)(1) and 
     502(b)(1) of the Social Security Act, not more than 
     $109,593,000 shall be available for carrying out special 
     projects of regional and national significance pursuant to 
     section 501(a)(2) of such Act and $10,276,000 shall be 
     available for projects described in subparagraphs (A) through 
     (F) of section 501(a)(3) of such Act.

                      ryan white hiv/aids program

       For carrying out title XXVI of the PHS Act with respect to 
     the Ryan White HIV/AIDS program, $2,318,781,000, of which 
     $1,970,881,000 shall remain available to the Secretary 
     through September 30, 2021, for parts A and B of title XXVI 
     of the PHS Act, and of which not less than $900,313,000 shall 
     be for State AIDS Drug Assistance Programs under the 
     authority of section 2616 or 311(c) of such Act.

                          health care systems

       For carrying out titles III and XII of the PHS Act with 
     respect to health care systems, and the Stem Cell Therapeutic 
     and Research Act of 2005, $113,693,000, of which $122,000 
     shall be available until expended for facilities renovations 
     at the Gillis W. Long Hansen's Disease Center.

                              rural health

       For carrying out titles III and IV of the PHS Act with 
     respect to rural health, section 427(a) of the Federal Coal 
     Mine Health and Safety Act of 1969, and sections 711 and 1820 
     of the Social Security Act, $318,794,000, of which 
     $49,609,000 from general revenues, notwithstanding section 
     1820(j) of the Social Security Act, shall be available for 
     carrying out the Medicare rural hospital flexibility grants 
     program:  Provided, That of the funds made available under 
     this heading for Medicare rural hospital flexibility grants, 
     $15,942,000 shall be available for the Small Rural Hospital 
     Improvement Grant Program for quality improvement and 
     adoption of health information technology and up to 
     $1,000,000 shall be to carry out section 1820(g)(6) of the 
     Social Security Act, with funds provided for grants under 
     section 1820(g)(6) available for the purchase and 
     implementation of telehealth services, including pilots and 
     demonstrations on the use of electronic health records to 
     coordinate rural veterans care between rural providers and 
     the Department of Veterans Affairs electronic health record 
     system:  Provided further, That notwithstanding section 
     338J(k) of the PHS Act, $10,000,000 shall be available for 
     State Offices of Rural Health:  Provided further, That 
     $15,000,000 shall remain available through September 30, 2021 
     to support the Rural Residency Development Program:  Provided 
     further, That $120,000,000 shall be for the Rural Communities 
     Opioids Response Program.

                            family planning

       For carrying out the program under title X of the PHS Act 
     to provide for voluntary family planning projects, 
     $286,479,000:  Provided, That amounts provided to said 
     projects under such title shall not be expended for 
     abortions, that all pregnancy counseling shall be 
     nondirective, and that such amounts shall not be expended for 
     any activity (including the publication or distribution of 
     literature) that in any way tends to promote public support 
     or opposition to any legislative proposal or candidate for 
     public office.

                           program management

       For program support in the Health Resources and Services 
     Administration, $155,000,000:  Provided, That funds made 
     available under this heading may be used to supplement 
     program support funding provided under the headings ``Primary 
     Health Care'', ``Health Workforce'', ``Maternal and Child 
     Health'', ``Ryan White HIV/AIDS Program'', ``Health Care 
     Systems'', and ``Rural Health''.

             vaccine injury compensation program trust fund

       For payments from the Vaccine Injury Compensation Program 
     Trust Fund (the ``Trust Fund''), such sums as may be 
     necessary for claims associated with vaccine-related injury 
     or death with respect to vaccines administered after 
     September 30, 1988, pursuant to subtitle 2 of title XXI of 
     the PHS Act, to remain available until expended:  Provided, 
     That for necessary administrative expenses, not to exceed 
     $9,200,000 shall be available from the Trust Fund to the 
     Secretary.

               Centers for Disease Control and Prevention

                 immunization and respiratory diseases

       For carrying out titles II, III, XVII, and XXI, and section 
     2821 of the PHS Act, titles II and IV of the Immigration and 
     Nationality Act, and section 501 of the Refugee Education 
     Assistance Act, with respect to immunization and respiratory 
     diseases, $474,055,000.

     hiv/aids, viral hepatitis, sexually transmitted diseases, and 
                        tuberculosis prevention

       For carrying out titles II, III, XVII, and XXIII of the PHS 
     Act with respect to HIV/AIDS, viral hepatitis, sexually 
     transmitted diseases, and tuberculosis prevention, 
     $1,132,278,000.

               emerging and zoonotic infectious diseases

       For carrying out titles II, III, and XVII, and section 2821 
     of the PHS Act, titles II and IV of the Immigration and 
     Nationality Act, and section 501 of the Refugee Education 
     Assistance Act, with respect to emerging and zoonotic 
     infectious diseases, $565,572,000.

            chronic disease prevention and health promotion

       For carrying out titles II, III, XI, XV, XVII, and XIX of 
     the PHS Act with respect to chronic disease prevention and 
     health promotion, $911,821,000:  Provided, That funds 
     appropriated under this account may be available for making 
     grants under section 1509 of the PHS Act for not less than 21 
     States, tribes, or tribal organizations:  Provided further, 
     That of the funds made available under this heading, 
     $15,000,000 shall be available to continue and expand 
     community specific extension and outreach programs to combat 
     obesity in counties with the highest levels of obesity:  
     Provided further, That the proportional funding requirements 
     under section 1503(a) of the PHS Act shall not apply to funds 
     made available under this heading.

   birth defects, developmental disabilities, disabilities and health

       For carrying out titles II, III, XI, and XVII of the PHS 
     Act with respect to birth defects, developmental 
     disabilities, disabilities and health, $153,560,000.

                   public health scientific services

       For carrying out titles II, III, and XVII of the PHS Act 
     with respect to health statistics, surveillance, health 
     informatics, and workforce development, $492,397,000.

                          environmental health

       For carrying out titles II, III, and XVII of the PHS Act 
     with respect to environmental health, $188,750,000.

                     injury prevention and control

       For carrying out titles II, III, and XVII of the PHS Act 
     with respect to injury prevention and control, $648,559,000, 
     of which $475,579,000 shall remain available until September 
     30, 2020 for an evidence-based opioid drug overdose 
     prevention program.

         national institute for occupational safety and health

       For carrying out titles II, III, and XVII of the PHS Act, 
     sections 101, 102, 103, 201, 202, 203, 301, and 501 of the 
     Federal Mine Safety and Health Act, section 13 of the Mine 
     Improvement and New Emergency Response Act, and sections 20, 
     21, and 22 of the Occupational Safety and Health Act, with 
     respect to occupational safety and health, $335,300,000.

       energy employees occupational illness compensation program

       For necessary expenses to administer the Energy Employees 
     Occupational Illness Compensation Program Act, $55,358,000, 
     to remain available until expended:  Provided, That this 
     amount shall be available consistent with the provision 
     regarding administrative expenses in section 151(b) of 
     division B, title I of Public Law 106-554.

                             global health

       For carrying out titles II, III, and XVII of the PHS Act 
     with respect to global health, $488,621,000, of which: (1) 
     $128,421,000 shall remain available through September 30, 
     2020 for international HIV/AIDS; and (2) $50,000,000 shall 
     remain available through September 30, 2021 for Global 
     Disease Detection and Emergency Response:  Provided, That 
     funds may be used for purchase and insurance of official 
     motor vehicles in foreign countries.

                public health preparedness and response

       For carrying out titles II, III, and XVII of the PHS Act 
     with respect to public health preparedness and response, and 
     for expenses necessary to support activities related to 
     countering potential biological, nuclear, radiological, and 
     chemical threats to civilian populations, $1,470,000,000, of 
     which $610,000,000 shall remain available until expended for 
     the Strategic National Stockpile:  Provided, That in the 
     event the Director of the Centers for Disease Control and 
     Prevention (referred to in this title as ``CDC'') activates 
     the Emergency Operations Center, the Director of the CDC may 
     detail CDC staff without reimbursement for up to 90 days to 
     support the work of the CDC Emergency Operations Center, so 
     long as the Director provides a notice to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     within 15 days of the use of this authority and a full report 
     within 30 days after use of this authority which includes the 
     number of staff and funding level broken down by the 
     originating center and

[[Page S5646]]

     number of days detailed:  Provided further, That funds 
     appropriated under this heading may be used to support a 
     contract for the operation and maintenance of an aircraft in 
     direct support of activities throughout CDC to ensure the 
     agency is prepared to address public health preparedness 
     emergencies.

                        buildings and facilities

                     (including transfer of funds)

       For acquisition of real property, equipment, construction, 
     demolition, and renovation of facilities, $30,000,000, which 
     shall remain available until September 30, 2023:  Provided, 
     That funds previously set-aside by CDC for repair and upgrade 
     of the Lake Lynn Experimental Mine and Laboratory shall be 
     used to acquire a replacement mine safety research facility:  
     Provided further, That in addition, the prior year 
     unobligated balance of any amounts assigned to former 
     employees in accounts of CDC made available for Individual 
     Learning Accounts shall be credited to and merged with the 
     amounts made available under this heading to support the 
     replacement of the mine safety research facility.

                cdc-wide activities and program support

       For carrying out titles II, III, XVII and XIX, and section 
     2821 of the PHS Act and for cross-cutting activities and 
     program support for activities funded in other appropriations 
     included in this Act for the Centers for Disease Control and 
     Prevention, $113,570,000:  Provided, That paragraphs (1) 
     through (3) of subsection (b) of section 2821 of the PHS Act 
     shall not apply to funds appropriated under this heading and 
     in all other accounts of the CDC:  Provided further, That 
     employees of CDC or the Public Health Service, both civilian 
     and commissioned officers, detailed to States, 
     municipalities, or other organizations under authority of 
     section 214 of the PHS Act, or in overseas assignments, shall 
     be treated as non-Federal employees for reporting purposes 
     only and shall not be included within any personnel ceiling 
     applicable to the Agency, Service, or HHS during the period 
     of detail or assignment:  Provided further, That CDC may use 
     up to $10,000 from amounts appropriated to CDC in this Act 
     for official reception and representation expenses when 
     specifically approved by the Director of CDC:  Provided 
     further, That in addition, such sums as may be derived from 
     authorized user fees, which shall be credited to the 
     appropriation charged with the cost thereof:  Provided 
     further, That with respect to the previous proviso, 
     authorized user fees from the Vessel Sanitation Program and 
     the Respirator Certification Program shall be available 
     through September 30, 2020.

                     National Institutes of Health

                       national cancer institute

       For carrying out section 301 and title IV of the PHS Act 
     with respect to cancer, $5,747,125,000, of which up to 
     $30,000,000 may be used for facilities repairs and 
     improvements at the National Cancer Institute--Frederick 
     Federally Funded Research and Development Center in 
     Frederick, Maryland.

               national heart, lung, and blood institute

       For carrying out section 301 and title IV of the PHS Act 
     with respect to cardiovascular, lung, and blood diseases, and 
     blood and blood products, $3,490,171,000.

         national institute of dental and craniofacial research

       For carrying out section 301 and title IV of the PHS Act 
     with respect to dental and craniofacial diseases, 
     $462,024,000.

    national institute of diabetes and digestive and kidney diseases

       For carrying out section 301 and title IV of the PHS Act 
     with respect to diabetes and digestive and kidney disease, 
     $2,030,892,000.

        national institute of neurological disorders and stroke

       For carrying out section 301 and title IV of the PHS Act 
     with respect to neurological disorders and stroke, 
     $2,218,080,000:  Provided, That $250,000,000 shall be for 
     research related to opioid addiction, development of opioid 
     alternatives, pain management, and addiction treatment:  
     Provided further, That each for-profit recipient of funds 
     provided in the previous proviso shall be subject to a 
     matching requirement of funds or documented in-kind 
     contributions of not less than 50 percent of the total funds 
     awarded to such entity.

         national institute of allergy and infectious diseases

       For carrying out section 301 and title IV of the PHS Act 
     with respect to allergy and infectious diseases, 
     $5,506,190,000.

             national institute of general medical sciences

       For carrying out section 301 and title IV of the PHS Act 
     with respect to general medical sciences, $2,874,292,000, of 
     which $1,018,321,000 shall be from funds available under 
     section 241 of the PHS Act:  Provided, That not less than 
     $361,763,000 is provided for the Institutional Development 
     Awards program.

  eunice kennedy shriver national institute of child health and human 
                              development

       For carrying out section 301 and title IV of the PHS Act 
     with respect to child health and human development, 
     $1,507,251,000.

                         national eye institute

       For carrying out section 301 and title IV of the PHS Act 
     with respect to eye diseases and visual disorders, 
     $796,955,000.

          national institute of environmental health sciences

       For carrying out section 301 and title IV of the PHS Act 
     with respect to environmental health sciences, $775,115,000.

                      national institute on aging

       For carrying out section 301 and title IV of the PHS Act 
     with respect to aging, $3,084,809,000.

 national institute of arthritis and musculoskeletal and skin diseases

       For carrying out section 301 and title IV of the PHS Act 
     with respect to arthritis and musculoskeletal and skin 
     diseases, $605,383,000.

    national institute on deafness and other communication disorders

       For carrying out section 301 and title IV of the PHS Act 
     with respect to deafness and other communication disorders, 
     $474,653,000.

                 national institute of nursing research

       For carrying out section 301 and title IV of the PHS Act 
     with respect to nursing research, $163,076,000.

           national institute on alcohol abuse and alcoholism

       For carrying out section 301 and title IV of the PHS Act 
     with respect to alcohol abuse and alcoholism, $525,867,000.

                    national institute on drug abuse

       For carrying out section 301 and title IV of the PHS Act 
     with respect to drug abuse, $1,420,591,000:  Provided, That 
     $250,000,000 shall be for research related to opioid 
     addiction, development of opioid alternatives, pain 
     management, and addiction treatment:  Provided further, That 
     each for-profit recipient of funds provided in the previous 
     proviso shall be subject to a matching requirement of funds 
     or documented in-kind contributions of not less than 50 
     percent of the total funds awarded to such entity.

                  national institute of mental health

       For carrying out section 301 and title IV of the PHS Act 
     with respect to mental health, $1,813,750,000.

                national human genome research institute

       For carrying out section 301 and title IV of the PHS Act 
     with respect to human genome research, $575,882,000.

      national institute of biomedical imaging and bioengineering

       For carrying out section 301 and title IV of the PHS Act 
     with respect to biomedical imaging and bioengineering 
     research, $389,672,000.

        national center for complementary and integrative health

       For carrying out section 301 and title IV of the PHS Act 
     with respect to complementary and integrative health, 
     $146,550,000.

      national institute on minority health and health disparities

       For carrying out section 301 and title IV of the PHS Act 
     with respect to minority health and health disparities 
     research, $314,845,000.

                  john e. fogarty international center

       For carrying out the activities of the John E. Fogarty 
     International Center (described in subpart 2 of part E of 
     title IV of the PHS Act), $78,150,000.

                      national library of medicine

       For carrying out section 301 and title IV of the PHS Act 
     with respect to health information communications, 
     $442,230,000:  Provided, That of the amounts available for 
     improvement of information systems, $4,000,000 shall be 
     available until September 30, 2020:  Provided further, That 
     in fiscal year 2019, the National Library of Medicine may 
     enter into personal services contracts for the provision of 
     services in facilities owned, operated, or constructed under 
     the jurisdiction of the National Institutes of Health 
     (referred to in this title as ``NIH'').

          national center for advancing translational sciences

       For carrying out section 301 and title IV of the PHS Act 
     with respect to translational sciences, $806,787,000:  
     Provided, That up to $80,000,000 shall be available to 
     implement section 480 of the PHS Act, relating to the Cures 
     Acceleration Network:  Provided further, That at least 
     $560,031,000 is provided to the Clinical and Translational 
     Sciences Awards program.

                         office of the director

       For carrying out the responsibilities of the Office of the 
     Director, NIH, $1,910,060,000:  Provided, That funding shall 
     be available for the purchase of not to exceed 29 passenger 
     motor vehicles for replacement only:  Provided further, That 
     all funds credited to the NIH Management Fund shall remain 
     available for one fiscal year after the fiscal year in which 
     they are deposited:  Provided further, That $606,885,000 
     shall be available for the Common Fund established under 
     section 402A(c)(1) of the PHS Act:  Provided further, That of 
     the funds provided, $10,000 shall be for official reception 
     and representation expenses when specifically approved by the 
     Director of the NIH:  Provided further, That the Office of 
     AIDS Research within the Office of the Director of the NIH 
     may spend up to $8,000,000 to make grants for construction or 
     renovation of facilities as provided for in section 
     2354(a)(5)(B) of the PHS Act:  Provided further, That 
     $50,000,000 shall be used to carry out section 404I of the 
     PHS Act (42 U.S.C. 283K), relating to biomedical and 
     behavioral research facilities.
       In addition to other funds appropriated for the Common Fund 
     established under section 402A(c) of the PHS Act, $12,600,000 
     is appropriated to the Common Fund from the 10-year Pediatric 
     Research Initiative Fund described in section 9008 of title 
     26, United States Code, for the purpose of carrying out 
     section 402(b)(7)(B)(ii) of the PHS Act (relating to 
     pediatric research), as authorized in the Gabriella Miller 
     Kids First Research Act.

[[Page S5647]]

  


                        buildings and facilities

       For the study of, construction of, demolition of, 
     renovation of, and acquisition of equipment for, facilities 
     of or used by NIH, including the acquisition of real 
     property, $200,000,000, to remain available through September 
     30, 2023.

                   nih innovation account, cures act

       For necessary expenses to carry out the purposes described 
     in section 1001(b)(4) of the 21st Century Cures Act, in 
     addition to amounts available for such purposes in the 
     appropriations provided to the NIH in this Act, $711,000,000, 
     to remain available until expended:  Provided, That such 
     amounts are appropriated pursuant to section 1001(b)(3) of 
     such Act, are to be derived from amounts transferred under 
     section 1001(b)(2)(A) of such Act, and may be transferred by 
     the Director of the National Institutes of Health to other 
     accounts of the National Institutes of Health solely for the 
     purposes provided in such Act:  Provided further, That upon a 
     determination by the Director that funds transferred pursuant 
     to the previous proviso are not necessary for the purposes 
     provided, such amounts may be transferred back to the 
     Account:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided by law.

       Substance Abuse and Mental Health Services Administration

                             mental health

       For carrying out titles III, V, and XIX of the PHS Act with 
     respect to mental health, and the Protection and Advocacy for 
     Individuals with Mental Illness Act, $1,532,972,000:  
     Provided, That notwithstanding section 520A(f)(2) of the PHS 
     Act, no funds appropriated for carrying out section 520A 
     shall be available for carrying out section 1971 of the PHS 
     Act:  Provided further, That in addition to amounts provided 
     herein, $21,039,000 shall be available under section 241 of 
     the PHS Act to carry out subpart I of part B of title XIX of 
     the PHS Act to fund section 1920(b) technical assistance, 
     national data, data collection and evaluation activities, and 
     further that the total available under this Act for section 
     1920(b) activities shall not exceed 5 percent of the amounts 
     appropriated for subpart I of part B of title XIX:  Provided 
     further, That up to 10 percent of the amounts made available 
     to carry out the Children's Mental Health Services program 
     may be used to carry out demonstration grants or contracts 
     for early interventions with persons not more than 25 years 
     of age at clinical high risk of developing a first episode of 
     psychosis:  Provided further, That section 520E(b)(2) of the 
     PHS Act shall not apply to funds appropriated in this Act for 
     fiscal year 2019:  Provided further, That States shall expend 
     at least 10 percent of the amount each receives for carrying 
     out section 1911 of the PHS Act to support evidence-based 
     programs that address the needs of individuals with early 
     serious mental illness, including psychotic disorders, 
     regardless of the age of the individual at onset:  Provided 
     further, That $150,000,000 shall be available until September 
     30, 2021 for grants to communities and community 
     organizations who meet criteria for Certified Community 
     Behavioral Health Clinics pursuant to section 223(a) of 
     Public Law 113-93:  Provided further, That none of the funds 
     provided for section 1911 of the PHS Act shall be subject to 
     section 241 of such Act:  Provided further, That of the funds 
     made available under this heading, $15,000,000 shall be to 
     carry out section 224 of the Protecting Access to Medicare 
     Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).

                        substance abuse treatment

       For carrying out titles III and V of the PHS Act with 
     respect to substance abuse treatment and title XIX of such 
     Act with respect to substance abuse treatment and prevention, 
     $3,730,806,000:  Provided, That $1,500,000,000 shall be for 
     State Opioid Response Grants for carrying out activities 
     pertaining to opioids undertaken by the State agency 
     responsible for administering the substance abuse prevention 
     and treatment block grant under subpart II of part B of title 
     XIX of the PHS Act (42 U.S.C. 300x-21 et seq.):  Provided 
     further, That of such amount $50,000,000 shall be made 
     available to Indian Tribes or tribal organizations:  Provided 
     further, That 15 percent of the remaining amount shall be for 
     the States with the highest mortality rate related to opioid 
     use disorders:  Provided further, That of the amounts 
     provided for State Opioid Response Grants not more than 2 
     percent shall be available for Federal administrative 
     expenses, training, technical assistance, and evaluation:  
     Provided further, That of the amount not reserved by the 
     previous three provisos, the Secretary shall make allocations 
     to States, territories, and the District of Columbia 
     according to a formula using national survey results that the 
     Secretary determines are the most objective and reliable 
     measure of drug use and drug-related deaths:  Provided 
     further, That the Secretary shall submit the formula 
     methodology to the Committees on Appropriations of the House 
     of Representatives and the Senate not less than 15 days prior 
     to publishing a Funding Opportunity Announcement:  Provided 
     further, That prevention and treatment activities funded 
     through such grants may include education, treatment 
     (including the provision of medication), behavioral health 
     services for individuals in treatment programs, referral to 
     treatment services, recovery support, and medical screening 
     associated with such treatment:  Provided further, That each 
     State, as well as the District of Columbia, shall receive not 
     less than $4,000,000:  Provided further, That in addition to 
     amounts provided herein, the following amounts shall be 
     available under section 241 of the PHS Act: (1) $79,200,000 
     to carry out subpart II of part B of title XIX of the PHS Act 
     to fund section 1935(b) technical assistance, national data, 
     data collection and evaluation activities, and further that 
     the total available under this Act for section 1935(b) 
     activities shall not exceed 5 percent of the amounts 
     appropriated for subpart II of part B of title XIX; and (2) 
     $2,000,000 to evaluate substance abuse treatment programs:  
     Provided further, That none of the funds provided for section 
     1921 of the PHS Act or State Opioid Response Grants shall be 
     subject to section 241 of such Act.

                       substance abuse prevention

       For carrying out titles III and V of the PHS Act with 
     respect to substance abuse prevention, $200,219,000.

                health surveillance and program support

       For program support and cross-cutting activities that 
     supplement activities funded under the headings ``Mental 
     Health'', ``Substance Abuse Treatment'', and ``Substance 
     Abuse Prevention'' in carrying out titles III, V, and XIX of 
     the PHS Act and the Protection and Advocacy for Individuals 
     with Mental Illness Act in the Substance Abuse and Mental 
     Health Services Administration, $128,830,000:  Provided, That 
     in addition to amounts provided herein, $31,428,000 shall be 
     available under section 241 of the PHS Act to supplement 
     funds available to carry out national surveys on drug abuse 
     and mental health, to collect and analyze program data, and 
     to conduct public awareness and technical assistance 
     activities:  Provided further, That, in addition, fees may be 
     collected for the costs of publications, data, data 
     tabulations, and data analysis completed under title V of the 
     PHS Act and provided to a public or private entity upon 
     request, which shall be credited to this appropriation and 
     shall remain available until expended for such purposes:  
     Provided further, That amounts made available in this Act for 
     carrying out section 501(m) of the PHS Act shall remain 
     available through September 30, 2020:  Provided further, That 
     funds made available under this heading may be used to 
     supplement program support funding provided under the 
     headings ``Mental Health'', ``Substance Abuse Treatment'', 
     and ``Substance Abuse Prevention''.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

       For carrying out titles III and IX of the PHS Act, part A 
     of title XI of the Social Security Act, and section 1013 of 
     the Medicare Prescription Drug, Improvement, and 
     Modernization Act of 2003, $334,000,000:  Provided, That 
     section 947(c) of the PHS Act shall not apply in fiscal year 
     2019:  Provided further, That in addition, amounts received 
     from Freedom of Information Act fees, reimbursable and 
     interagency agreements, and the sale of data shall be 
     credited to this appropriation and shall remain available 
     until September 30, 2020.

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

       For carrying out, except as otherwise provided, titles XI 
     and XIX of the Social Security Act, $276,236,212,000, to 
     remain available until expended.
       For making, after May 31, 2019, payments to States under 
     title XIX or in the case of section 1928 on behalf of States 
     under title XIX of the Social Security Act for the last 
     quarter of fiscal year 2019 for unanticipated costs incurred 
     for the current fiscal year, such sums as may be necessary.
       For making payments to States or in the case of section 
     1928 on behalf of States under title XIX of the Social 
     Security Act for the first quarter of fiscal year 2020, 
     $137,931,797,000, to remain available until expended.
       Payment under such title XIX may be made for any quarter 
     with respect to a State plan or plan amendment in effect 
     during such quarter, if submitted in or prior to such quarter 
     and approved in that or any subsequent quarter.

                payments to the health care trust funds

       For payment to the Federal Hospital Insurance Trust Fund 
     and the Federal Supplementary Medical Insurance Trust Fund, 
     as provided under sections 217(g), 1844, and 1860D-16 of the 
     Social Security Act, sections 103(c) and 111(d) of the Social 
     Security Amendments of 1965, section 278(d)(3) of Public Law 
     97-248, and for administrative expenses incurred pursuant to 
     section 201(g) of the Social Security Act, $378,343,800,000.
       In addition, for making matching payments under section 
     1844 and benefit payments under section 1860D-16 of the 
     Social Security Act that were not anticipated in budget 
     estimates, such sums as may be necessary.

                           program management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX, and XXI of the Social Security Act, titles XIII 
     and XXVII of the PHS Act, the Clinical Laboratory Improvement 
     Amendments of 1988, and other responsibilities of the Centers 
     for Medicare and Medicaid Services, not to exceed 
     $3,669,744,000, to be transferred from the Federal Hospital 
     Insurance Trust Fund and the Federal Supplementary Medical 
     Insurance Trust Fund, as authorized by section 201(g)

[[Page S5648]]

     of the Social Security Act; together with all funds collected 
     in accordance with section 353 of the PHS Act and section 
     1857(e)(2) of the Social Security Act, funds retained by the 
     Secretary pursuant to section 1893(h) of the Social Security 
     Act, and such sums as may be collected from authorized user 
     fees and the sale of data, which shall be credited to this 
     account and remain available until expended:  Provided, That 
     all funds derived in accordance with 31 U.S.C. 9701 from 
     organizations established under title XIII of the PHS Act 
     shall be credited to and available for carrying out the 
     purposes of this appropriation:  Provided further, That the 
     Secretary is directed to collect fees in fiscal year 2019 
     from Medicare Advantage organizations pursuant to section 
     1857(e)(2) of the Social Security Act and from eligible 
     organizations with risk-sharing contracts under section 1876 
     of that Act pursuant to section 1876(k)(4)(D) of that Act.

              health care fraud and abuse control account

       In addition to amounts otherwise available for program 
     integrity and program management, $765,000,000, to remain 
     available through September 30, 2020, to be transferred from 
     the Federal Hospital Insurance Trust Fund and the Federal 
     Supplementary Medical Insurance Trust Fund, as authorized by 
     section 201(g) of the Social Security Act, of which 
     $600,464,000 shall be for the Centers for Medicare and 
     Medicaid Services Program integrity activities, of which 
     $86,664,000 shall be for the Department of Health and Human 
     Services Office of Inspector General to carry out fraud and 
     abuse activities authorized by section 1817(k)(3) of such 
     Act, and of which $77,872,000 shall be for the Department of 
     Justice to carry out fraud and abuse activities authorized by 
     section 1817(k)(3) of such Act:  Provided, That the report 
     required by section 1817(k)(5) of the Social Security Act for 
     fiscal year 2019 shall include measures of the operational 
     efficiency and impact on fraud, waste, and abuse in the 
     Medicare, Medicaid, and CHIP programs for the funds provided 
     by this appropriation:  Provided further, That of the amount 
     provided under this heading, $311,000,000 is provided to meet 
     the terms of section 251(b)(2)(C)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, and 
     $454,000,000 is additional new budget authority specified for 
     purposes of section 251(b)(2)(C) of such Act:  Provided 
     further, That the Secretary shall provide not less than 
     $17,621,000 for the Senior Medicare Patrol program to combat 
     health care fraud and abuse from the funds provided to this 
     account.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

       For carrying out, except as otherwise provided, titles I, 
     IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
     Act of July 5, 1960, $2,922,247,000, to remain available 
     until expended; and for such purposes for the first quarter 
     of fiscal year 2020, $1,400,000,000, to remain available 
     until expended.
       For carrying out, after May 31 of the current fiscal year, 
     except as otherwise provided, titles I, IV-D, X, XI, XIV, and 
     XVI of the Social Security Act and the Act of July 5, 1960, 
     for the last 3 months of the current fiscal year for 
     unanticipated costs, incurred for the current fiscal year, 
     such sums as may be necessary.

                   low income home energy assistance

       For making payments under subsections (b) and (d) of 
     section 2602 of the Low Income Home Energy Assistance Act of 
     1981, $3,690,304,000:  Provided, That all but $716,000,000 of 
     this amount shall be allocated as though the total 
     appropriation for such payments for fiscal year 2019 was less 
     than $1,975,000,000:  Provided further, That notwithstanding 
     section 2609A(a), of the amounts appropriated under section 
     2602(b), not more than $2,988,000 of such amounts may be 
     reserved by the Secretary for technical assistance, training, 
     and monitoring of program activities for compliance with 
     internal controls, policies and procedures and may, in 
     addition to the authorities provided in section 2609A(a)(1), 
     use such funds through contracts with private entities that 
     do not qualify as nonprofit organizations.

                     refugee and entrant assistance

                     (including transfer of funds)

       For necessary expenses for refugee and entrant assistance 
     activities authorized by section 414 of the Immigration and 
     Nationality Act and section 501 of the Refugee Education 
     Assistance Act of 1980, and for carrying out section 462 of 
     the Homeland Security Act of 2002, section 235 of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008, the Trafficking Victims Protection Act of 2000 
     (``TVPA''), and the Torture Victims Relief Act of 1998, 
     $1,905,201,000, of which $1,864,446,000 shall remain 
     available through September 30, 2021 for carrying out such 
     sections 414, 501, 462, and 235:  Provided, That amounts 
     available under this heading to carry out the TVPA shall also 
     be available for research and evaluation with respect to 
     activities under such Act:  Provided further, That the 
     limitation in section 205 of this Act regarding transfers 
     increasing any appropriation shall apply to transfers to 
     appropriations under this heading by substituting ``15 
     percent'' for ``3 percent''.

   payments to states for the child care and development block grant

       For carrying out the Child Care and Development Block Grant 
     Act of 1990 (``CCDBG Act''), $5,226,000,000 shall be used to 
     supplement, not supplant State general revenue funds for 
     child care assistance for low-income families:  Provided, 
     That technical assistance under section 658I(a)(3) of such 
     Act may be provided directly, or through the use of 
     contracts, grants, cooperative agreements, or interagency 
     agreements:  Provided further, That all funds made available 
     to carry out section 418 of the Social Security Act (42 
     U.S.C. 618), including funds appropriated for that purpose in 
     such section 418 or any other provision of law, shall be 
     subject to the reservation of funds authority in paragraphs 
     (4) and (5) of section 658O(a) of the CCDBG Act:  Provided 
     further, That in addition to the amounts required to be 
     reserved by the Secretary under section 658O(a)(2)(A) of such 
     Act, $156,780,000 shall be for Indian tribes and tribal 
     organizations.

                      social services block grant

       For making grants to States pursuant to section 2002 of the 
     Social Security Act, $1,700,000,000:  Provided, That 
     notwithstanding subparagraph (B) of section 404(d)(2) of such 
     Act, the applicable percent specified under such subparagraph 
     for a State to carry out State programs pursuant to title XX-
     A of such Act shall be 10 percent.

                children and families services programs

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Head Start Act, the Every Student 
     Succeeds Act, the Child Abuse Prevention and Treatment Act, 
     sections 303 and 313 of the Family Violence Prevention and 
     Services Act, the Native American Programs Act of 1974, title 
     II of the Child Abuse Prevention and Treatment and Adoption 
     Reform Act of 1978 (adoption opportunities), part B-1 of 
     title IV and sections 429, 473A, 477(i), 1110, 1114A, and 
     1115 of the Social Security Act, and the Community Services 
     Block Grant Act (``CSBG Act''); and for necessary 
     administrative expenses to carry out titles I, IV, V, X, XI, 
     XIV, XVI, and XX-A of the Social Security Act, the Act of 
     July 5, 1960, the Low-Income Home Energy Assistance Act of 
     1981, the Child Care and Development Block Grant Act of 1990, 
     the Assets for Independence Act, title IV of the Immigration 
     and Nationality Act, and section 501 of the Refugee Education 
     Assistance Act of 1980, $12,288,225,000, of which 
     $75,000,000, to remain available through September 30, 2020, 
     shall be for grants to States for adoption and legal 
     guardianship incentive payments, as defined by section 473A 
     of the Social Security Act and may be made for adoptions and 
     legal guardianships completed before September 30, 2019:  
     Provided, That $10,113,095,000, of which $132,000,000 shall 
     be available through March 31, 2020, shall be for making 
     payments under the Head Start Act, of which:
       (1) $215,000,000 shall be available for a cost of living 
     adjustment notwithstanding section 640(a)(3)(A) of such Act, 
     and with respect to any continuing appropriations act, 
     funding available for a cost of living adjustment shall not 
     be construed as an authority or condition under this Act;
       (2) $16,000,000 shall be available to supplement funding 
     otherwise available for research, evaluation, and Federal 
     administrative costs;
       (3) $25,000,000 shall be available for allocation by the 
     Secretary to supplement activities described in paragraphs 
     (7)(B) and (9) of section 641(c) of the Head Start Act under 
     the Designation Renewal System, established under the 
     authority of sections 641(c)(7), 645A(b)(12), and 645A(d) of 
     such Act, and such funds shall not be included in the 
     calculation of ``base grant'' in subsequent fiscal years, as 
     such term is used in section 640(a)(7)(A) of such Act; and
       (4) $35,000,000 of the amount available through March 31, 
     2020 shall be available for award by the Secretary to 
     grantees that apply for supplemental funding to increase 
     their hours of program operations and for training and 
     technical assistance for such activities (of which up to one 
     percent may be reserved for research and evaluation in 
     addition to amounts described in paragraph (2)):
       Provided further, That notwithstanding the sixth proviso 
     under this heading in division H of Public Law 115-141, any 
     amount issued through a grant for the purposes described in 
     the following proviso shall be included in any calculation of 
     ``base grant'', as such term is used in section 640(a)(7)(A) 
     of the Head Start Act, that affects the allocation of funds 
     appropriated in this Act:  Provided further, That the 
     previous proviso applies to funds granted for Early Head 
     Start programs as described in section 645A of the Head Start 
     Act, for conversion of Head Start services to Early Head 
     Start services as described in section 645(a)(5)(A) of such 
     Act, and for discretionary grants for high quality infant and 
     toddler care through Early Head Start-Child Care 
     Partnerships, to entities defined as eligible under section 
     645A(d) of such Act:  Provided further, That the Secretary 
     may reduce the reservation of funds under section 
     640(a)(2)(C) of such Act in lieu of reducing the reservation 
     of funds under sections 640(a)(2)(B), 640(a)(2)(D), and 
     640(a)(2)(E) of such Act:  Provided further, That 
     $250,000,000 shall be available until December 31, 2019 for 
     carrying out sections 9212 and 9213 of the Every Student 
     Succeeds Act:  Provided further, That up to 3 percent of the 
     funds in the preceding proviso shall be available for 
     technical assistance and evaluation related to grants awarded 
     under such section 9212:  Provided further, That $752,883,000 
     shall be for making payments under the CSBG Act:  Provided 
     further, That $28,233,000 shall be for sections 680 and 
     678E(b)(2) of the CSBG Act, of

[[Page S5649]]

     which not less than $19,883,000 shall be for section 
     680(a)(2) and not less than $8,000,000 shall be for section 
     680(a)(3)(B) of such Act:  Provided further, That, 
     notwithstanding section 675C(a)(3) of such Act, to the extent 
     Community Services Block Grant funds are distributed as grant 
     funds by a State to an eligible entity as provided under such 
     Act, and have not been expended by such entity, they shall 
     remain with such entity for carryover into the next fiscal 
     year for expenditure by such entity consistent with program 
     purposes:  Provided further, That the Secretary shall 
     establish procedures regarding the disposition of intangible 
     assets and program income that permit such assets acquired 
     with, and program income derived from, grant funds authorized 
     under section 680 of the CSBG Act to become the sole property 
     of such grantees after a period of not more than 12 years 
     after the end of the grant period for any activity consistent 
     with section 680(a)(2)(A) of the CSBG Act:  Provided further, 
     That intangible assets in the form of loans, equity 
     investments and other debt instruments, and program income 
     may be used by grantees for any eligible purpose consistent 
     with section 680(a)(2)(A) of the CSBG Act:  Provided further, 
     That these procedures shall apply to such grant funds made 
     available after November 29, 1999:  Provided further, That 
     funds appropriated for section 680(a)(2) of the CSBG Act 
     shall be available for financing construction and 
     rehabilitation and loans or investments in private business 
     enterprises owned by community development corporations:  
     Provided further, That $165,000,000 shall be for carrying out 
     section 303(a) of the Family Violence Prevention and Services 
     Act, of which $5,000,000 shall be allocated notwithstanding 
     section 303(a)(2) of such Act for carrying out section 309 of 
     such Act:  Provided further, That the percentages specified 
     in section 112(a)(2) of the Child Abuse Prevention and 
     Treatment Act shall not apply to funds appropriated under 
     this heading:  Provided further That $1,864,000 shall be for 
     a human services case management system for federally 
     declared disasters, to include a comprehensive national case 
     management contract and Federal costs of administering the 
     system:  Provided further, That up to $2,000,000 shall be for 
     improving the Public Assistance Reporting Information System, 
     including grants to States to support data collection for a 
     study of the system's effectiveness.

                   promoting safe and stable families

       For carrying out, except as otherwise provided, section 436 
     of the Social Security Act, $345,000,000 and, for carrying 
     out, except as otherwise provided, section 437 of such Act, 
     $99,765,000:  Provided, That of the funds available to carry 
     out section 437, $59,765,000 shall be allocated consistent 
     with subsections (b) through (d) of such section:  Provided 
     further, That of the funds available to carry out section 
     437, to assist in meeting the requirements described in 
     section 471(e)(4)(C), $20,000,000 shall be for grants to each 
     State, territory, and Indian tribe operating title IV-E plans 
     for developing, enhancing, or evaluating kinship navigator 
     programs, as described in section 427(a)(1) of such Act, and 
     $20,000,000, in addition to funds otherwise appropriated in 
     section 436 for such purposes, shall be for competitive 
     grants to regional partnerships as described in section 
     437(f) and for developing enhancing, or evaluating family-
     focused residential treatment programs:  Provided further, 
     That section 437(b)(1) shall be applied to amounts in the 
     previous proviso by substituting ``5 percent'' for ``3.3 
     percent'', and notwithstanding section 436(b)(1), such 
     reserved amounts may be used for identifying, establishing, 
     and disseminating practices to meet the criteria specified in 
     section 471(e)(4)(C):  Provided further, That the reservation 
     in section 437(b)(2) and the limitations in section 437(d) 
     shall not apply to funds specified in the second proviso:  
     Provided further, That the minimum grant award for kinship 
     navigator programs in the case of States and territories 
     shall be $200,000, and, in the case of tribes, shall be 
     $25,000.

                payments for foster care and permanency

       For carrying out, except as otherwise provided, title IV-E 
     of the Social Security Act, $6,035,000,000.
       For carrying out, except as otherwise provided, title IV-E 
     of the Social Security Act, for the first quarter of fiscal 
     year 2020, $2,800,000,000.
       For carrying out, after May 31 of the current fiscal year, 
     except as otherwise provided, section 474 of title IV-E of 
     the Social Security Act, for the last 3 months of the current 
     fiscal year for unanticipated costs, incurred for the current 
     fiscal year, such sums as may be necessary.

                  Administration for Community Living

                 aging and disability services programs

                     (including transfer of funds)

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965 (``OAA''), titles III and XXIX of 
     the PHS Act, sections 1252 and 1253 of the PHS Act, section 
     119 of the Medicare Improvements for Patients and Providers 
     Act of 2008, title XX-B of the Social Security Act, the 
     Developmental Disabilities Assistance and Bill of Rights Act, 
     parts 2 and 5 of subtitle D of title II of the Help America 
     Vote Act of 2002, the Assistive Technology Act of 1998, 
     titles II and VII (and section 14 with respect to such 
     titles) of the Rehabilitation Act of 1973, and for 
     Department-wide coordination of policy and program activities 
     that assist individuals with disabilities, $2,100,400,000, 
     together with $49,115,000 to be transferred from the Federal 
     Hospital Insurance Trust Fund and the Federal Supplementary 
     Medical Insurance Trust Fund to carry out section 4360 of the 
     Omnibus Budget Reconciliation Act of 1990:  Provided, That 
     amounts appropriated under this heading may be used for 
     grants to States under section 361 of the OAA only for 
     disease prevention and health promotion programs and 
     activities which have been demonstrated through rigorous 
     evaluation to be evidence-based and effective:  Provided 
     further, That of amounts made available under this heading to 
     carry out sections 311, 331, and 336 of the OAA, up to one 
     percent of such amounts shall be available for developing and 
     implementing evidence-based practices for enhancing senior 
     nutrition:  Provided further, That notwithstanding any other 
     provision of this Act, funds made available under this 
     heading to carry out section 311 of the OAA may be 
     transferred to the Secretary of Agriculture in accordance 
     with such section:  Provided further, That $2,000,000 shall 
     be for competitive grants to support alternative financing 
     programs that provide for the purchase of assistive 
     technology devices, such as a low-interest loan fund; an 
     interest buy-down program; a revolving loan fund; a loan 
     guarantee; or an insurance program:  Provided further, That 
     applicants shall provide an assurance that, and information 
     describing the manner in which, the alternative financing 
     program will expand and emphasize consumer choice and 
     control:  Provided further, That State agencies and 
     community-based disability organizations that are directed by 
     and operated for individuals with disabilities shall be 
     eligible to compete:  Provided further, That none of the 
     funds made available under this heading may be used by an 
     eligible system (as defined in section 102 of the Protection 
     and Advocacy for Individuals with Mental Illness Act (42 
     U.S.C. 10802)) to continue to pursue any legal action in a 
     Federal or State court on behalf of an individual or group of 
     individuals with a developmental disability (as defined in 
     section 102(8)(A) of the Developmental Disabilities and 
     Assistance and Bill of Rights Act of 2000 (20 U.S.C. 
     15002(8)(A)) that is attributable to a mental impairment (or 
     a combination of mental and physical impairments), that has 
     as the requested remedy the closure of State operated 
     intermediate care facilities for people with intellectual or 
     developmental disabilities, unless reasonable public notice 
     of the action has been provided to such individuals (or, in 
     the case of mental incapacitation, the legal guardians who 
     have been specifically awarded authority by the courts to 
     make healthcare and residential decisions on behalf of such 
     individuals) who are affected by such action, within 90 days 
     of instituting such legal action, which informs such 
     individuals (or such legal guardians) of their legal rights 
     and how to exercise such rights consistent with current 
     Federal Rules of Civil Procedure:  Provided further, That the 
     limitations in the immediately preceding proviso shall not 
     apply in the case of an individual who is neither competent 
     to consent nor has a legal guardian, nor shall the proviso 
     apply in the case of individuals who are a ward of the State 
     or subject to public guardianship.

                        Office of the Secretary

                    general departmental management

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six passenger 
     motor vehicles, and for carrying out titles III, XVII, XXI, 
     and section 229 of the PHS Act, the United States-Mexico 
     Border Health Commission Act, and research studies under 
     section 1110 of the Social Security Act, $480,629,000, 
     together with $64,828,000 from the amounts available under 
     section 241 of the PHS Act to carry out national health or 
     human services research and evaluation activities:  Provided, 
     That of this amount, $53,900,000 shall be for minority AIDS 
     prevention and treatment activities:  Provided further, That 
     of the funds made available under this heading, $101,000,000 
     shall be for making competitive contracts and grants to 
     public and private entities to fund medically accurate and 
     age appropriate programs that reduce teen pregnancy and for 
     the Federal costs associated with administering and 
     evaluating such contracts and grants, of which not more than 
     10 percent of the available funds shall be for training and 
     technical assistance, evaluation, outreach, and additional 
     program support activities, and of the remaining amount 75 
     percent shall be for replicating programs that have been 
     proven effective through rigorous evaluation to reduce 
     teenage pregnancy, behavioral risk factors underlying teenage 
     pregnancy, or other associated risk factors, and 25 percent 
     shall be available for research and demonstration grants to 
     develop, replicate, refine, and test additional models and 
     innovative strategies for preventing teenage pregnancy:  
     Provided further, That of the amounts provided under this 
     heading from amounts available under section 241 of the PHS 
     Act, $6,800,000 shall be available to carry out evaluations 
     (including longitudinal evaluations) of teenage pregnancy 
     prevention approaches:  Provided further, That of the funds 
     made available under this heading, $35,000,000 shall be for 
     making competitive grants which exclusively implement 
     education in sexual risk avoidance (defined as voluntarily 
     refraining from non-marital sexual activity):  Provided 
     further, That funding for such competitive grants for

[[Page S5650]]

     sexual risk avoidance shall use medically accurate 
     information referenced to peer-reviewed publications by 
     educational, scientific, governmental, or health 
     organizations; implement an evidence-based approach 
     integrating research findings with practical implementation 
     that aligns with the needs and desired outcomes for the 
     intended audience; and teach the benefits associated with 
     self-regulation, success sequencing for poverty prevention, 
     healthy relationships, goal setting, and resisting sexual 
     coercion, dating violence, and other youth risk behaviors 
     such as underage drinking or illicit drug use without 
     normalizing teen sexual activity:  Provided further, That no 
     more than 10 percent of the funding for such competitive 
     grants for sexual risk avoidance shall be available for 
     technical assistance and administrative costs of such 
     programs:  Provided further, That funds provided in this Act 
     for embryo adoption activities may be used to provide to 
     individuals adopting embryos, through grants and other 
     mechanisms, medical and administrative services deemed 
     necessary for such adoptions:  Provided further, That such 
     services shall be provided consistent with 42 CFR 59.5(a)(4).

                office of medicare hearings and appeals

       For expenses necessary for the Office of Medicare Hearings 
     and Appeals, $182,381,000 shall remain available until 
     September 30, 2020, to be transferred in appropriate part 
     from the Federal Hospital Insurance Trust Fund and the 
     Federal Supplementary Medical Insurance Trust Fund.

  office of the national coordinator for health information technology

       For expenses necessary for the Office of the National 
     Coordinator for Health Information Technology, including 
     grants, contracts, and cooperative agreements for the 
     development and advancement of interoperable health 
     information technology, $60,367,000.

                      office of inspector general

       For expenses necessary for the Office of Inspector General, 
     including the hire of passenger motor vehicles for 
     investigations, in carrying out the provisions of the 
     Inspector General Act of 1978, $80,000,000:  Provided, That 
     of such amount, necessary sums shall be available for 
     providing protective services to the Secretary and 
     investigating non-payment of child support cases for which 
     non-payment is a Federal offense under 18 U.S.C. 228.

                        office for civil rights

       For expenses necessary for the Office for Civil Rights, 
     $38,798,000.

     retirement pay and medical benefits for commissioned officers

       For retirement pay and medical benefits of Public Health 
     Service Commissioned Officers as authorized by law, for 
     payments under the Retired Serviceman's Family Protection 
     Plan and Survivor Benefit Plan, and for medical care of 
     dependents and retired personnel under the Dependents' 
     Medical Care Act, such amounts as may be required during the 
     current fiscal year.

            public health and social services emergency fund

       For expenses necessary to support activities related to 
     countering potential biological, nuclear, radiological, 
     chemical, and cybersecurity threats to civilian populations, 
     and for other public health emergencies, $1,026,458,000, of 
     which $561,700,000 shall remain available through September 
     30, 2020, for expenses necessary to support advanced research 
     and development pursuant to section 319L of the PHS Act and 
     other administrative expenses of the Biomedical Advanced 
     Research and Development Authority:  Provided, That funds 
     provided under this heading for the purpose of acquisition of 
     security countermeasures shall be in addition to any other 
     funds available for such purpose:  Provided further, That 
     products purchased with funds provided under this heading 
     may, at the discretion of the Secretary, be deposited in the 
     Strategic National Stockpile pursuant to section 319F-2 of 
     the PHS Act:  Provided further, That $5,000,000 of the 
     amounts made available to support emergency operations shall 
     remain available through September 30, 2021.
       For expenses necessary for procuring security 
     countermeasures (as defined in section 319F-2(c)(1)(B) of the 
     PHS Act), $735,000,000, to remain available until expended.
       For an additional amount for expenses necessary to prepare 
     for or respond to an influenza pandemic, $285,000,000; of 
     which $250,000,000 shall be available until expended, for 
     activities including the development and purchase of vaccine, 
     antivirals, necessary medical supplies, diagnostics, and 
     other surveillance tools:  Provided, That notwithstanding 
     section 496(b) of the PHS Act, funds may be used for the 
     construction or renovation of privately owned facilities for 
     the production of pandemic influenza vaccines and other 
     biologics, if the Secretary finds such construction or 
     renovation necessary to secure sufficient supplies of such 
     vaccines or biologics.

                           General Provisions

       Sec. 201.  Funds appropriated in this title shall be 
     available for not to exceed $50,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary.
       Sec. 202.  None of the funds appropriated in this title 
     shall be used to pay the salary of an individual, through a 
     grant or other extramural mechanism, at a rate in excess of 
     Executive Level II.
       Sec. 203.  None of the funds appropriated in this Act may 
     be expended pursuant to section 241 of the PHS Act, except 
     for funds specifically provided for in this Act, or for other 
     taps and assessments made by any office located in HHS, prior 
     to the preparation and submission of a report by the 
     Secretary to the Committees on Appropriations of the House of 
     Representatives and the Senate detailing the planned uses of 
     such funds.
       Sec. 204.  Notwithstanding section 241(a) of the PHS Act, 
     such portion as the Secretary shall determine, but not more 
     than 2.6 percent, of any amounts appropriated for programs 
     authorized under such Act shall be made available for the 
     evaluation (directly, or by grants or contracts) and the 
     implementation and effectiveness of programs funded in this 
     title.

                          (transfer of funds)

       Sec. 205.  Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the current 
     fiscal year for HHS in this Act may be transferred between 
     appropriations, but no such appropriation shall be increased 
     by more than 3 percent by any such transfer:  Provided, That 
     the transfer authority granted by this section shall not be 
     used to create any new program or to fund any project or 
     activity for which no funds are provided in this Act:  
     Provided further, That the Committees on Appropriations of 
     the House of Representatives and the Senate are notified at 
     least 15 days in advance of any transfer.
       Sec. 206.  In lieu of the timeframe specified in section 
     338E(c)(2) of the PHS Act, terminations described in such 
     section may occur up to 60 days after the execution of a 
     contract awarded in fiscal year 2019 under section 338B of 
     such Act.
       Sec. 207.  None of the funds appropriated in this Act may 
     be made available to any entity under title X of the PHS Act 
     unless the applicant for the award certifies to the Secretary 
     that it encourages family participation in the decision of 
     minors to seek family planning services and that it provides 
     counseling to minors on how to resist attempts to coerce 
     minors into engaging in sexual activities.
       Sec. 208.  Notwithstanding any other provision of law, no 
     provider of services under title X of the PHS Act shall be 
     exempt from any State law requiring notification or the 
     reporting of child abuse, child molestation, sexual abuse, 
     rape, or incest.
       Sec. 209.  None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare Advantage program if the Secretary 
     denies participation in such program to an otherwise eligible 
     entity (including a Provider Sponsored Organization) because 
     the entity informs the Secretary that it will not provide, 
     pay for, provide coverage of, or provide referrals for 
     abortions:  Provided, That the Secretary shall make 
     appropriate prospective adjustments to the capitation payment 
     to such an entity (based on an actuarially sound estimate of 
     the expected costs of providing the service to such entity's 
     enrollees):  Provided further, That nothing in this section 
     shall be construed to change the Medicare program's coverage 
     for such services and a Medicare Advantage organization 
     described in this section shall be responsible for informing 
     enrollees where to obtain information about all Medicare 
     covered services.
       Sec. 210.  None of the funds made available in this title 
     may be used, in whole or in part, to advocate or promote gun 
     control.
       Sec. 211.  The Secretary shall make available through 
     assignment not more than 60 employees of the Public Health 
     Service to assist in child survival activities and to work in 
     AIDS programs through and with funds provided by the Agency 
     for International Development, the United Nations 
     International Children's Emergency Fund or the World Health 
     Organization.
       Sec. 212.  In order for HHS to carry out international 
     health activities, including HIV/AIDS and other infectious 
     disease, chronic and environmental disease, and other health 
     activities abroad during fiscal year 2019:
       (1) The Secretary may exercise authority equivalent to that 
     available to the Secretary of State in section 2(c) of the 
     State Department Basic Authorities Act of 1956. The Secretary 
     shall consult with the Secretary of State and relevant Chief 
     of Mission to ensure that the authority provided in this 
     section is exercised in a manner consistent with section 207 
     of the Foreign Service Act of 1980 and other applicable 
     statutes administered by the Department of State.
       (2) The Secretary is authorized to provide such funds by 
     advance or reimbursement to the Secretary of State as may be 
     necessary to pay the costs of acquisition, lease, alteration, 
     renovation, and management of facilities outside of the 
     United States for the use of HHS. The Department of State 
     shall cooperate fully with the Secretary to ensure that HHS 
     has secure, safe, functional facilities that comply with 
     applicable regulation governing location, setback, and other 
     facilities requirements and serve the purposes established by 
     this Act. The Secretary is authorized, in consultation with 
     the Secretary of State, through grant or cooperative 
     agreement, to make available to public or nonprofit private 
     institutions or agencies in participating foreign countries, 
     funds to acquire, lease, alter, or renovate facilities in 
     those countries as necessary to conduct programs of 
     assistance for international health activities, including 
     activities relating to

[[Page S5651]]

     HIV/AIDS and other infectious diseases, chronic and 
     environmental diseases, and other health activities abroad.
       (3) The Secretary is authorized to provide to personnel 
     appointed or assigned by the Secretary to serve abroad, 
     allowances and benefits similar to those provided under 
     chapter 9 of title I of the Foreign Service Act of 1980, and 
     22 U.S.C. 4081 through 4086 and subject to such regulations 
     prescribed by the Secretary. The Secretary is further 
     authorized to provide locality-based comparability payments 
     (stated as a percentage) up to the amount of the locality-
     based comparability payment (stated as a percentage) that 
     would be payable to such personnel under section 5304 of 
     title 5, United States Code if such personnel's official duty 
     station were in the District of Columbia. Leaves of absence 
     for personnel under this subsection shall be on the same 
     basis as that provided under subchapter I of chapter 63 of 
     title 5, United States Code, or section 903 of the Foreign 
     Service Act of 1980, to individuals serving in the Foreign 
     Service.

                          (transfer of funds)

       Sec. 213.  The Director of the NIH, jointly with the 
     Director of the Office of AIDS Research, may transfer up to 3 
     percent among institutes and centers from the total amounts 
     identified by these two Directors as funding for research 
     pertaining to the human immunodeficiency virus:  Provided, 
     That the Committees on Appropriations of the House of 
     Representatives and the Senate are notified at least 15 days 
     in advance of any transfer.

                          (transfer of funds)

       Sec. 214.  Of the amounts made available in this Act for 
     NIH, the amount for research related to the human 
     immunodeficiency virus, as jointly determined by the Director 
     of NIH and the Director of the Office of AIDS Research, shall 
     be made available to the ``Office of AIDS Research'' account. 
     The Director of the Office of AIDS Research shall transfer 
     from such account amounts necessary to carry out section 
     2353(d)(3) of the PHS Act.
       Sec. 215. (a) Authority.--Notwithstanding any other 
     provision of law, the Director of NIH (``Director'') may use 
     funds authorized under section 402(b)(12) of the PHS Act to 
     enter into transactions (other than contracts, cooperative 
     agreements, or grants) to carry out research identified 
     pursuant to or research and activities described in such 
     section 402(b)(12).
       (b) Peer Review.--In entering into transactions under 
     subsection (a), the Director may utilize such peer review 
     procedures (including consultation with appropriate 
     scientific experts) as the Director determines to be 
     appropriate to obtain assessments of scientific and technical 
     merit. Such procedures shall apply to such transactions in 
     lieu of the peer review and advisory council review 
     procedures that would otherwise be required under sections 
     301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 
     494 of the PHS Act.
       Sec. 216.  Not to exceed $45,000,000 of funds appropriated 
     by this Act to the institutes and centers of the National 
     Institutes of Health may be used for alteration, repair, or 
     improvement of facilities, as necessary for the proper and 
     efficient conduct of the activities authorized herein, at not 
     to exceed $3,500,000 per project.

                          (transfer of funds)

       Sec. 217.  Of the amounts made available for NIH, 1 percent 
     of the amount made available for National Research Service 
     Awards (``NRSA'') shall be made available to the 
     Administrator of the Health Resources and Services 
     Administration to make NRSA awards for research in primary 
     medical care to individuals affiliated with entities who have 
     received grants or contracts under sections 736, 739, or 747 
     of the PHS Act, and 1 percent of the amount made available 
     for NRSA shall be made available to the Director of the 
     Agency for Healthcare Research and Quality to make NRSA 
     awards for health service research.
       Sec. 218. (a) The Biomedical Advanced Research and 
     Development Authority (``BARDA'') may enter into a contract, 
     for more than one but no more than 10 program years, for 
     purchase of research services or of security countermeasures, 
     as that term is defined in section 319F-2(c)(1)(B) of the PHS 
     Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
       (1) funds are available and obligated--
       (A) for the full period of the contract or for the first 
     fiscal year in which the contract is in effect; and
       (B) for the estimated costs associated with a necessary 
     termination of the contract; and
       (2) the Secretary determines that a multi-year contract 
     will serve the best interests of the Federal Government by 
     encouraging full and open competition or promoting economy in 
     administration, performance, and operation of BARDA's 
     programs.
       (b) A contract entered into under this section--
       (1) shall include a termination clause as described by 
     subsection (c) of section 3903 of title 41, United States 
     Code; and
       (2) shall be subject to the congressional notice 
     requirement stated in subsection (d) of such section.
       Sec. 219. (a) The Secretary shall publish in the fiscal 
     year 2020 budget justification and on Departmental Web sites 
     information concerning the employment of full-time equivalent 
     Federal employees or contractors for the purposes of 
     implementing, administering, enforcing, or otherwise carrying 
     out the provisions of the ACA, and the amendments made by 
     that Act, in the proposed fiscal year and each fiscal year 
     since the enactment of the ACA.
       (b) With respect to employees or contractors supported by 
     all funds appropriated for purposes of carrying out the ACA 
     (and the amendments made by that Act), the Secretary shall 
     include, at a minimum, the following information:
       (1) For each such fiscal year, the section of such Act 
     under which such funds were appropriated, a statement 
     indicating the program, project, or activity receiving such 
     funds, the Federal operating division or office that 
     administers such program, and the amount of funding received 
     in discretionary or mandatory appropriations.
       (2) For each such fiscal year, the number of full-time 
     equivalent employees or contracted employees assigned to each 
     authorized and funded provision detailed in accordance with 
     paragraph (1).
       (c) In carrying out this section, the Secretary may exclude 
     from the report employees or contractors who--
       (1) are supported through appropriations enacted in laws 
     other than the ACA and work on programs that existed prior to 
     the passage of the ACA;
       (2) spend less than 50 percent of their time on activities 
     funded by or newly authorized in the ACA; or
       (3) work on contracts for which FTE reporting is not a 
     requirement of their contract, such as fixed-price contracts.
       Sec. 220.  The Secretary shall publish, as part of the 
     fiscal year 2020 budget of the President submitted under 
     section 1105(a) of title 31, United States Code, information 
     that details the uses of all funds used by the Centers for 
     Medicare and Medicaid Services specifically for Health 
     Insurance Exchanges for each fiscal year since the enactment 
     of the ACA and the proposed uses for such funds for fiscal 
     year 2020. Such information shall include, for each such 
     fiscal year, the amount of funds used for each activity 
     specified under the heading ``Health Insurance Exchange 
     Transparency'' in the report accompanying this Act.
       Sec. 221. (a) The Secretary shall provide to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate:
       (1) Detailed monthly enrollment figures from the Exchanges 
     established under the Patient Protection and Affordable Care 
     Act of 2010 pertaining to enrollments during the open 
     enrollment period; and
       (2) Notification of any new or competitive grant awards, 
     including supplements, authorized under section 330 of the 
     Public Health Service Act.
       (b) The Committees on Appropriations of the House and 
     Senate must be notified at least 2 business days in advance 
     of any public release of enrollment information or the award 
     of such grants.
       Sec. 222.  None of the funds made available by this Act 
     from the Federal Hospital Insurance Trust Fund or the Federal 
     Supplemental Medical Insurance Trust Fund, or transferred 
     from other accounts funded by this Act to the ``Centers for 
     Medicare and Medicaid Services--Program Management'' account, 
     may be used for payments under section 1342(b)(1) of Public 
     Law 111-148 (relating to risk corridors).
       Sec. 223.  The Secretary shall include in the fiscal year 
     2020 budget justification an analysis of how section 2713 of 
     the PHS Act will impact eligibility for discretionary HHS 
     programs.

                          (transfer of funds)

       Sec. 224. (a) Within 45 days of enactment of this Act, the 
     Secretary shall transfer funds appropriated under section 
     4002 of the ACA to the accounts specified, in the amounts 
     specified, and for the activities specified under the heading 
     ``Prevention and Public Health Fund'' in the report 
     accompanying this Act.
       (b) Notwithstanding section 4002(c) of the ACA, the 
     Secretary may not further transfer these amounts.
       (c) Funds transferred for activities authorized under 
     section 2821 of the PHS Act shall be made available without 
     reference to section 2821(b) of such Act.
       Sec. 225.  Effective during the period beginning on 
     November 1, 2015 and ending January 1, 2021, any provision of 
     law that refers (including through cross-reference to another 
     provision of law) to the current recommendations of the 
     United States Preventive Services Task Force with respect to 
     breast cancer screening, mammography, and prevention shall be 
     administered by the Secretary involved as if--
       (1) such reference to such current recommendations were a 
     reference to the recommendations of such Task Force with 
     respect to breast cancer screening, mammography, and 
     prevention last issued before 2009; and
       (2) such recommendations last issued before 2009 applied to 
     any screening mammography modality under section 1861(jj) of 
     the Social Security Act (42 U.S.C. 1395x(jj)).
       Sec. 226.  In making Federal financial assistance, the 
     provisions relating to indirect costs in part 75 of title 45, 
     Code of Federal Regulations, including with respect to the 
     approval of deviations from negotiated rates, shall continue 
     to apply to the National Institutes of Health to the same 
     extent and in the same manner as such provisions were applied 
     in the third quarter of fiscal year 2017. None of the funds 
     appropriated in this or prior Acts or otherwise made 
     available to the Department of Health and Human Services or

[[Page S5652]]

     to any department or agency may be used to develop or 
     implement a modified approach to such provisions, or to 
     intentionally or substantially expand the fiscal effect of 
     the approval of such deviations from negotiated rates beyond 
     the proportional effect of such approvals in such quarter.
       Sec. 227.  In addition to the amounts otherwise available 
     for ``Centers for Medicare and Medicaid Services, Program 
     Management'', the Secretary of Health and Human Services may 
     transfer up to $305,000,000 to such account from the Federal 
     Hospital Insurance Trust Fund and the Federal Supplementary 
     Medical Insurance Trust Fund to support program management 
     activity related to the Medicare Program:  Provided, That 
     except for the foregoing purpose, such funds may not be used 
     to support any provision of Public Law 111-148 or Public Law 
     111-152 (or any amendment made by either such Public Law) or 
     to supplant any other amounts within such account.

                          (transfer of funds)

       Sec. 228.  The NIH Director may transfer funds specifically 
     appropriated for opioid addiction, opioid alternatives, pain 
     management, and addiction treatment to other Institutes and 
     Centers of the NIH to be used for the same purpose 15 days 
     after notifying the Committees on Appropriations:  Provided, 
     That the transfer authority provided in the previous proviso 
     is in addition to any other transfer authority provided by 
     law.
       Sec. 229.  None of the funds made available by this Act to 
     carry out the Child Care and Development Block Grant Act of 
     1990 may be provided to any child care provider if a list of 
     providers (as mentioned in part 98 of title 45 of the Code of 
     Federal Regulations, applicable to the Department of Health 
     and Human Services, Administration of Children and Families, 
     and in the final rule published in the Federal Register, Vol. 
     81, No. 190, on Sept. 30, 2016) indicates that a serious 
     injury or death occurred at the provider due to a 
     substantiated health or safety violation.

                              (rescission)

       Sec. 230.  Of the unobligated balances available in the 
     ``Nonrecurring Expenses Fund'' established in section 223 of 
     division G of Public Law 110-161, $350,000,000 are hereby 
     rescinded.
       Sec. 231.  Not later than the 15th day of each month, the 
     Department of Health and Human Services shall provide the 
     Committees on Appropriations of the House of Representatives 
     and Senate a report on staffing described in the report 
     accompanying this Act.
       Sec. 232.  Funds appropriated in this Act that are 
     available for salaries and expenses of employees of the 
     Department of Health and Human Services shall also be 
     available to pay travel and related expenses of such an 
     employee or of a member of his or her family, when such 
     employee is assigned to duty, in the United States or in a 
     U.S. territory, during a period and in a location that are 
     the subject of a determination of a public health emergency 
     under section 319 of the Public Health Service Act and such 
     travel is necessary to obtain medical care for an illness, 
     injury, or medical condition that cannot be adequately 
     addressed in that location at that time. For purposes of this 
     section, the term ``U.S. territory'' means Guam, the 
     Commonwealth of Puerto Rico, the Northern Mariana Islands, 
     the Virgin Islands, American Samoa, or the Trust Territory of 
     the Pacific Islands.
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 2019''.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

       For carrying out title I and subpart 2 of part B of title 
     II of the Elementary and Secondary Education Act of 1965 
     (referred to in this Act as ``ESEA'') and section 418A of the 
     Higher Education Act of 1965 (referred to in this Act as 
     ``HEA''), $16,568,790,000, of which $5,650,990,000 shall 
     become available on July 1, 2019, and shall remain available 
     through September 30, 2020, and of which $10,841,177,000 
     shall become available on October 1, 2019, and shall remain 
     available through September 30, 2020, for academic year 2019-
     2020:  Provided, That $6,459,401,000 shall be for basic 
     grants under section 1124 of the ESEA:  Provided further, 
     That up to $5,000,000 of these funds shall be available to 
     the Secretary of Education (referred to in this title as 
     ``Secretary'') on October 1, 2018, to obtain annually updated 
     local educational agency-level census poverty data from the 
     Bureau of the Census:  Provided further, That $1,362,301,000 
     shall be for concentration grants under section 1124A of the 
     ESEA:  Provided further, That $4,031,550,000 shall be for 
     targeted grants under section 1125 of the ESEA:  Provided 
     further, That $4,031,550,000 shall be for education finance 
     incentive grants under section 1125A of the ESEA:  Provided 
     further, That $217,000,000 shall be for carrying out subpart 
     2 of part B of title II:  Provided further, That $44,623,000 
     shall be for carrying out section 418A of the HEA.

                               Impact Aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by title VII of the 
     ESEA, $1,439,112,000, of which $1,294,242,000 shall be for 
     basic support payments under section 7003(b), $48,316,000 
     shall be for payments for children with disabilities under 
     section 7003(d), $17,406,000, to remain available for 
     obligation through September 30, 2020, shall be for 
     construction under section 7007(b), $74,313,000 shall be for 
     Federal property payments under section 7002, and $4,835,000, 
     to remain available until expended, shall be for facilities 
     maintenance under section 7008:  Provided, That for purposes 
     of computing the amount of a payment for an eligible local 
     educational agency under section 7003(a) for school year 
     2018-2019, children enrolled in a school of such agency that 
     would otherwise be eligible for payment under section 
     7003(a)(1)(B) of such Act, but due to the deployment of both 
     parents or legal guardians, or a parent or legal guardian 
     having sole custody of such children, or due to the death of 
     a military parent or legal guardian while on active duty (so 
     long as such children reside on Federal property as described 
     in section 7003(a)(1)(B)), are no longer eligible under such 
     section, shall be considered as eligible students under such 
     section, provided such students remain in average daily 
     attendance at a school in the same local educational agency 
     they attended prior to their change in eligibility status.

                      School Improvement Programs

       For carrying out school improvement activities authorized 
     by part B of title I, part A of title II, subpart 1 of part A 
     of title IV, part B of title IV, part B of title V, and parts 
     B and C of title VI of the ESEA; the McKinney-Vento Homeless 
     Assistance Act; section 203 of the Educational Technical 
     Assistance Act of 2002; the Compact of Free Association 
     Amendments Act of 2003; and the Civil Rights Act of 1964, 
     $5,291,967,000, of which $3,463,402,000 shall become 
     available on July 1, 2019, and remain available through 
     September 30, 2020, and of which $1,681,441,000 shall become 
     available on October 1, 2019, and shall remain available 
     through September 30, 2020, for academic year 2019-2020:  
     Provided, That $378,000,000 shall be for part B of title I:  
     Provided further, That $1,211,673,000 shall be for part B of 
     title IV:  Provided further, That $36,397,000 shall be for 
     part B of title VI and may be used for construction, 
     renovation, and modernization of any elementary school, 
     secondary school, or structure related to an elementary 
     school or secondary school, run by the Department of 
     Education of the State of Hawaii, that serves a predominantly 
     Native Hawaiian student body:  Provided further, That 
     $35,453,000 shall be for part C of title VI and shall be 
     awarded on a competitive basis, and also may be used for 
     construction:  Provided further, That $52,000,000 shall be 
     available to carry out section 203 of the Educational 
     Technical Assistance Act of 2002 and the Secretary shall make 
     such arrangements as determined to be necessary to ensure 
     that the Bureau of Indian Education has access to services 
     provided under this section:  Provided further, That 
     $16,699,000 shall be available to carry out the Supplemental 
     Education Grants program for the Federated States of 
     Micronesia and the Republic of the Marshall Islands:  
     Provided further, That the Secretary may reserve up to 5 
     percent of the amount referred to in the previous proviso to 
     provide technical assistance in the implementation of these 
     grants:  Provided further, That $180,840,000 shall be for 
     part B of title V:  Provided further, That $1,225,000,000 
     shall be available for grants under subpart 1 of part A of 
     title IV.

                            Indian Education

       For expenses necessary to carry out, to the extent not 
     otherwise provided, title VI, part A of the ESEA, 
     $180,239,000, of which $67,993,000 shall be for subpart 2 of 
     part A of title VI and $6,865,000 shall be for subpart 3 of 
     part A of title VI.

                       Innovation and Improvement

       For carrying out activities authorized by subparts 1, 3 and 
     4 of part B of title II, and parts C, D, and E and subparts 1 
     and 4 of part F of title IV of the ESEA, $1,042,256,000:  
     Provided, That $278,515,000 shall be for subparts 1, 3 and 4 
     of part B of title II and shall be made available without 
     regard to sections 2201, 2231(b) and 2241:  Provided further, 
     That $628,741,000 shall be for parts C, D, and E and subpart 
     4 of part F of title IV, and shall be made available without 
     regard to sections 4311, 4409(a), and 4601 of the ESEA:  
     Provided further, That section 4303(d)(3)(A)(i) shall not 
     apply to the funds available for part C of title IV:  
     Provided further, That of the funds available for part C of 
     title IV, the Secretary shall use $55,000,000 to carry out 
     section 4304, of which not more than $10,000,000 shall be 
     available to carry out section 4304(k), $140,000,000, to 
     remain available through March 31, 2020, to carry out section 
     4305(b), and not more than $15,000,000 to carry out the 
     activities in section 4305(a)(3):  Provided further, That 
     notwithstanding section 4601(b), $135,000,000 shall be 
     available through December 31, 2019 for subpart 1 of part F 
     of title IV.

                 Safe Schools and Citizenship Education

       For carrying out activities authorized by subparts 2 and 3 
     of part F of title IV of the ESEA, $190,754,000:  Provided, 
     That $95,000,000 shall be available for section 4631, of 
     which up to $5,000,000, to remain available until expended, 
     shall be for the Project School Emergency Response to 
     Violence (``Project SERV'') program:  Provided further, That 
     $17,500,000 shall be available for section 4625:  Provided 
     further, That $78,254,000 shall be available through December 
     31, 2019, for section 4624.

                      English Language Acquisition

       For carrying out part A of title III of the ESEA, 
     $737,400,000, which shall become available on July 1, 2019, 
     and shall remain available through September 30, 2020, except 
     that 6.5 percent of such amount shall be available on October 
     1, 2018, and shall remain available through September 30, 
     2020, to carry out activities under section 3111(c)(1)(C).

[[Page S5653]]

  


                           Special Education

       For carrying out the Individuals with Disabilities 
     Education Act (IDEA) and the Special Olympics Sport and 
     Empowerment Act of 2004, $13,493,684,000, of which 
     $3,970,585,000 shall become available on July 1, 2019, and 
     shall remain available through September 30, 2020, and of 
     which $9,283,383,000 shall become available on October 1, 
     2019, and shall remain available through September 30, 2020, 
     for academic year 2019-2020:  Provided, That the amount for 
     section 611(b)(2) of the IDEA shall be equal to the lesser of 
     the amount available for that activity during fiscal year 
     2018, increased by the amount of inflation as specified in 
     section 619(d)(2)(B) of the IDEA, or the percent change in 
     the funds appropriated under section 611(i) of the IDEA, but 
     not less than the amount for that activity during fiscal year 
     2018:  Provided further, That the Secretary shall, without 
     regard to section 611(d) of the IDEA, distribute to all other 
     States (as that term is defined in section 611(g)(2)), 
     subject to the third proviso, any amount by which a State's 
     allocation under section 611, from funds appropriated under 
     this heading, is reduced under section 612(a)(18)(B), 
     according to the following: 85 percent on the basis of the 
     States' relative populations of children aged 3 through 21 
     who are of the same age as children with disabilities for 
     whom the State ensures the availability of a free appropriate 
     public education under this part, and 15 percent to States on 
     the basis of the States' relative populations of those 
     children who are living in poverty:  Provided further, That 
     the Secretary may not distribute any funds under the previous 
     proviso to any State whose reduction in allocation from funds 
     appropriated under this heading made funds available for such 
     a distribution:  Provided further, That the States shall 
     allocate such funds distributed under the second proviso to 
     local educational agencies in accordance with section 611(f): 
      Provided further, That the amount by which a State's 
     allocation under section 611(d) of the IDEA is reduced under 
     section 612(a)(18)(B) and the amounts distributed to States 
     under the previous provisos in fiscal year 2012 or any 
     subsequent year shall not be considered in calculating the 
     awards under section 611(d) for fiscal year 2013 or for any 
     subsequent fiscal years:  Provided further, That, 
     notwithstanding the provision in section 612(a)(18)(B) 
     regarding the fiscal year in which a State's allocation under 
     section 611(d) is reduced for failure to comply with the 
     requirement of section 612(a)(18)(A), the Secretary may apply 
     the reduction specified in section 612(a)(18)(B) over a 
     period of consecutive fiscal years, not to exceed five, until 
     the entire reduction is applied:  Provided further, That the 
     Secretary may, in any fiscal year in which a State's 
     allocation under section 611 is reduced in accordance with 
     section 612(a)(18)(B), reduce the amount a State may reserve 
     under section 611(e)(1) by an amount that bears the same 
     relation to the maximum amount described in that paragraph as 
     the reduction under section 612(a)(18)(B) bears to the total 
     allocation the State would have received in that fiscal year 
     under section 611(d) in the absence of the reduction:  
     Provided further, That the Secretary shall either reduce the 
     allocation of funds under section 611 for any fiscal year 
     following the fiscal year for which the State fails to comply 
     with the requirement of section 612(a)(18)(A) as authorized 
     by section 612(a)(18)(B), or seek to recover funds under 
     section 452 of the General Education Provisions Act (20 
     U.S.C. 1234a):  Provided further, That the funds reserved 
     under 611(c) of the IDEA may be used to provide technical 
     assistance to States to improve the capacity of the States to 
     meet the data collection requirements of sections 616 and 618 
     and to administer and carry out other services and activities 
     to improve data collection, coordination, quality, and use 
     under parts B and C of the IDEA:  Provided further, That the 
     Secretary may use funds made available for the State 
     Personnel Development Grants program under part D, subpart 1 
     of IDEA to evaluate program performance under such subpart.

                        Rehabilitation Services

       For carrying out, to the extent not otherwise provided, the 
     Rehabilitation Act of 1973 and the Helen Keller National 
     Center Act, $3,656,189,000, of which $3,521,990,000 shall be 
     for grants for vocational rehabilitation services under title 
     I of the Rehabilitation Act:  Provided, That the Secretary 
     may use amounts provided in this Act that remain available 
     subsequent to the reallotment of funds to States pursuant to 
     section 110(b) of the Rehabilitation Act for innovative 
     activities aimed at improving the outcomes of individuals 
     with disabilities as defined in section 7(20)(B) of the 
     Rehabilitation Act, including activities aimed at improving 
     the education and post-school outcomes of children receiving 
     Supplemental Security Income (``SSI'') and their families 
     that may result in long-term improvement in the SSI child 
     recipient's economic status and self-sufficiency:  Provided 
     further, That States may award subgrants for a portion of the 
     funds to other public and private, nonprofit entities:  
     Provided further, That any funds made available subsequent to 
     reallotment for innovative activities aimed at improving the 
     outcomes of individuals with disabilities shall remain 
     available until September 30, 2020.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

       For carrying out the Act to promote the Education of the 
     Blind of March 3, 1879, $30,431,000.

               national technical institute for the deaf

       For the National Technical Institute for the Deaf under 
     titles I and II of the Education of the Deaf Act of 1986, 
     $76,500,000:  Provided, That from the total amount available, 
     the Institute may at its discretion use funds for the 
     endowment program as authorized under section 207 of such 
     Act.

                          gallaudet university

       For the Kendall Demonstration Elementary School, the Model 
     Secondary School for the Deaf, and the partial support of 
     Gallaudet University under titles I and II of the Education 
     of the Deaf Act of 1986, $133,000,000:  Provided, That from 
     the total amount available, the University may at its 
     discretion use funds for the endowment program as authorized 
     under section 207 of such Act.

                 Career, Technical, and Adult Education

       For carrying out, to the extent not otherwise provided, the 
     Carl D. Perkins Career and Technical Education Act of 2006 
     and the Adult Education and Family Literacy Act (``AEFLA''), 
     $1,855,686,000, of which $1,064,686,000 shall become 
     available on July 1, 2019, and shall remain available through 
     September 30, 2020, and of which $791,000,000 shall become 
     available on October 1, 2019, and shall remain available 
     through September 30, 2020:  Provided, That of the amounts 
     made available for AEFLA, $13,712,000 shall be for national 
     leadership activities under section 242.

                      Student Financial Assistance

       For carrying out subparts 1, 3, and 10 of part A, and part 
     C of title IV of the HEA, $24,445,352,000, which shall remain 
     available through September 30, 2020.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 2019-2020 shall be $5,135.

                       Student Aid Administration

       For Federal administrative expenses to carry out part D of 
     title I, and subparts 1, 3, 9, and 10 of part A, and parts B, 
     C, D, and E of title IV of the HEA, and subpart 1 of part A 
     of title VII of the Public Health Service Act, 
     $1,678,943,000, to remain available through September 30, 
     2020:  Provided, That the Secretary shall allocate new 
     student loan borrower accounts to eligible student loan 
     servicers on the basis of their performance compared to all 
     loan servicers utilizing established common metrics, and on 
     the basis of the capacity of each servicer to process new and 
     existing accounts:  Provided further, That the Secretary 
     shall allow student loan borrowers who are consolidating 
     Federal student loans to select from any student loan 
     servicer to service their new consolidated student loan under 
     the current student loan servicing contracts:  Provided 
     further, That in order to promote accountability and high-
     quality service to borrowers, the Secretary shall not award 
     funding for any contract solicitation for a new Federal 
     student loan servicing environment, including the 
     solicitation for the FSA Next Generation Processing and 
     Servicing Environment as amended by the Department of 
     Education on February 20, 2018, unless such an environment 
     provides for the participation of multiple student loan 
     servicers that contract directly with the Department of 
     Education to manage a unique portfolio of borrower accounts 
     and the full life-cycle of loans from disbursement to pay-off 
     with certain limited exceptions, and allocates student loan 
     borrower accounts to eligible student loan servicers based on 
     performance:  Provided further, That such servicers described 
     in the previous proviso shall be evaluated based on their 
     ability to meet contract requirements, future performance on 
     the contracts, and history of compliance with applicable 
     consumer protections laws:  Provided further, That to the 
     extent Federal Student Aid (FSA) permits student loan 
     servicing subcontracting, FSA shall hold such subcontractors 
     accountable for meeting the requirements of the contract:  
     Provided further, That FSA shall create a fee structure with 
     contractors that provides more support to borrowers at risk 
     of being distressed.

                            Higher Education

       For carrying out, to the extent not otherwise provided, 
     titles II, III, IV, V, VI, and VII of the HEA, the Mutual 
     Educational and Cultural Exchange Act of 1961, and section 
     117 of the Carl D. Perkins Career and Technical Education Act 
     of 2006, $2,260,551,000:  Provided, That notwithstanding any 
     other provision of law, funds made available in this Act to 
     carry out title VI of the HEA and section 102(b)(6) of the 
     Mutual Educational and Cultural Exchange Act of 1961 may be 
     used to support visits and study in foreign countries by 
     individuals who are participating in advanced foreign 
     language training and international studies in areas that are 
     vital to United States national security and who plan to 
     apply their language skills and knowledge of these countries 
     in the fields of government, the professions, or 
     international development:  Provided further, That of the 
     funds referred to in the preceding proviso up to 1 percent 
     may be used for program evaluation, national outreach, and 
     information dissemination activities:  Provided further, That 
     up to 1.5 percent of the funds made available under chapter 2 
     of subpart 2 of part A of title IV of the HEA may be used for 
     evaluation.

                           Howard University

       For partial support of Howard University, $236,518,000, of 
     which not less than $3,405,000

[[Page S5654]]

     shall be for a matching endowment grant pursuant to the 
     Howard University Endowment Act and shall remain available 
     until expended.

         College Housing and Academic Facilities Loans Program

       For Federal administrative expenses to carry out activities 
     related to existing facility loans pursuant to section 121 of 
     the HEA, $435,000.

  Historically Black College and University Capital Financing Program 
                                Account

       For the cost of guaranteed loans, $20,150,000, as 
     authorized pursuant to part D of title III of the HEA, which 
     shall remain available through September 30, 2020:  Provided, 
     That such costs, including the cost of modifying such loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974:  Provided further, That these funds are 
     available to subsidize total loan principal, any part of 
     which is to be guaranteed, not to exceed $580,000,000:  
     Provided further, That these funds may be used to support 
     loans to public and private Historically Black Colleges and 
     Universities without regard to the limitations within section 
     344(a) of the HEA.
       In addition, $10,000,000 shall be made available to provide 
     for the deferment of loans made under part D of title III of 
     the HEA to eligible institutions that are private 
     Historically Black Colleges and Universities, which apply for 
     the deferment of such a loan and demonstrate financial need 
     for such deferment by having a score of 2.6 or less on the 
     Department of Education's financial responsibility test:  
     Provided, That during the period of deferment of such a loan, 
     interest on the loan will not accrue or be capitalized, and 
     the period of deferment shall be for at least a period of 3-
     fiscal years and not more than 6-fiscal years:  Provided 
     further, That when determining priority for such institutions 
     to receive such a deferment, the Secretary shall give 
     priority to institutions that operated in a financial deficit 
     for at least one of the previous 5 years according to audits 
     provided to the Department, or were sanctioned for financial 
     related reasons by the agency or association that accredited 
     such institutions:  Provided further, That the Secretary 
     shall create and execute an outreach plan to work with States 
     and the Capital Financing Advisory Board to improve outreach 
     to States and help additional public Historically Black 
     Colleges and Universities participate in the program.
       In addition, for administrative expenses to carry out the 
     Historically Black College and University Capital Financing 
     Program entered into pursuant to part D of title III of the 
     HEA, $334,000.

                    Institute of Education Sciences

       For carrying out activities authorized by the Education 
     Sciences Reform Act of 2002, the National Assessment of 
     Educational Progress Authorization Act, section 208 of the 
     Educational Technical Assistance Act of 2002, and section 664 
     of the Individuals with Disabilities Education Act, 
     $615,462,000, which shall remain available through September 
     30, 2020:  Provided, That funds available to carry out 
     section 208 of the Educational Technical Assistance Act may 
     be used to link Statewide elementary and secondary data 
     systems with early childhood, postsecondary, and workforce 
     data systems, or to further develop such systems:  Provided 
     further, That up to $6,000,000 of the funds available to 
     carry out section 208 of the Educational Technical Assistance 
     Act may be used for awards to public or private organizations 
     or agencies to support activities to improve data 
     coordination, quality, and use at the local, State, and 
     national levels.

                        Departmental Management

                         program administration

       For carrying out, to the extent not otherwise provided, the 
     Department of Education Organization Act, including rental of 
     conference rooms in the District of Columbia and hire of 
     three passenger motor vehicles, $430,000,000:  Provided, 
     That, notwithstanding any other provision of law, none of the 
     funds provided by this Act or provided by previous 
     Appropriations Acts to the Department of Education available 
     for obligation or expenditure in the current fiscal year may 
     be used for any activity relating to implementing a 
     reorganization that decentralizes, reduces the staffing 
     level, or alters the responsibilities, structure, authority, 
     or functionality of the Budget Service of the Department of 
     Education, relative to the organization and operation of the 
     Budget Service as in effect on January 1, 2018.

                        office for civil rights

       For expenses necessary for the Office for Civil Rights, as 
     authorized by section 203 of the Department of Education 
     Organization Act, $125,000,000.

                      office of inspector general

       For expenses necessary for the Office of Inspector General, 
     as authorized by section 212 of the Department of Education 
     Organization Act, $61,143,000.

                           General Provisions

       Sec. 301.  No funds appropriated in this Act may be used to 
     prevent the implementation of programs of voluntary prayer 
     and meditation in the public schools.

                          (transfer of funds)

       Sec. 302.  Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the 
     Department of Education in this Act may be transferred 
     between appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer:  
     Provided, That the transfer authority granted by this section 
     shall not be used to create any new program or to fund any 
     project or activity for which no funds are provided in this 
     Act:  Provided further, That the Committees on Appropriations 
     of the House of Representatives and the Senate are notified 
     at least 15 days in advance of any transfer.
       Sec. 303.  Section 105(f)(1)(B)(ix) of the Compact of Free 
     Association Amendments Act of 2003 (48 U.S.C. 
     1921d(f)(1)(B)(ix)) shall be applied by substituting ``2019'' 
     for ``2009''.
       Sec. 304.  Funds appropriated in this Act and consolidated 
     for evaluation purposes under section 8601(c) of the ESEA 
     shall be available from July 1, 2019, through September 30, 
     2020.
       Sec. 305. (a) An institution of higher education that 
     maintains an endowment fund supported with funds appropriated 
     for title III or V of the HEA for fiscal year 2019 may use 
     the income from that fund to award scholarships to students, 
     subject to the limitation in section 331(c)(3)(B)(i) of the 
     HEA. The use of such income for such purposes, prior to the 
     enactment of this Act, shall be considered to have been an 
     allowable use of that income, subject to that limitation.
       (b) Subsection (a) shall be in effect until titles III and 
     V of the HEA are reauthorized.
       Sec. 306.  Section 114(f) of the HEA (20 U.S.C. 1011c(f)) 
     is amended by striking ``2018'' and inserting ``2019''.
       Sec. 307.  Section 458(a) of the HEA (20 U.S.C. 1087h(a)) 
     is amended in paragraph (4) by striking ``2018'' and 
     inserting ``2019''.

                              (rescission)

       Sec. 308.  Of the unobligated balances available under the 
     heading ``Student Financial Assistance'' for carrying out 
     subpart 1 of part A of title IV of the HEA, $600,000,000 are 
     hereby rescinded.
       Sec. 309.  Section 401(b)(7)(A)(iv)(IX) of the Higher 
     Education Act of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(IX)) is 
     amended by striking ``$1,409,000,000'' and inserting 
     ``$1,370,000,000''.
       Sec. 310. (a) An institution of higher education may, with 
     explicit written consent of an applicant who has completed a 
     FAFSA under such section 483(a), provide such information 
     collected from the applicant's FAFSA as is necessary to a 
     scholarship granting organization, including a tribal 
     organization (defined in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304)), 
     or to an organization assisting the applicant in applying for 
     and receiving Federal, State, local, or tribal assistance, 
     that is designated by the applicant to assist the applicant 
     in applying for and receiving financial assistance for any 
     component of the applicant's cost of attendance (defined in 
     section 472 of the HEA) at that institution.
       (b) An organization that receives information pursuant to 
     subsection (a) shall not sell or otherwise share such 
     information.
       (c) This section shall be in effect until title IV of the 
     HEA is reauthorized.
       Sec. 311.  For an additional amount for ``Department of 
     Education--Federal Direct Student Loan Program Account'', 
     $350,000,000, to remain available until expended, shall be 
     for the cost, as defined under section 502 of the 
     Congressional Budget Act of 1974, of the Secretary of 
     Education providing loan cancellation in the same manner as 
     under section 455(m) of the Higher Education Act of 1965 (20 
     U.S.C. 1087e(m)), for borrowers of loans made under part D of 
     title IV of such Act who would qualify for loan cancellation 
     under section 455(m) except some, or all, of the 120 required 
     payments under section 455(m)(1)(A) do not qualify for 
     purposes of the program because they were monthly payments 
     made in accordance with graduated or extended repayment plans 
     as described under subparagraph (B) or (C) of section 
     455(d)(1) or the corresponding repayment plan for a 
     consolidation loan made under section 455(g) and that were 
     less than the amount calculated under section 455(d)(1)(A), 
     based on a 10-year repayment period:  Provided, That the 
     monthly payment made 12 months before the borrower applied 
     for loan cancellation as described in the matter preceding 
     this proviso and the most recent monthly payment made by the 
     borrower at the time of such application were each not less 
     than the monthly amount that would be calculated under, and 
     for which the borrower would otherwise qualify for, clause 
     (i) or (iv) of section 455(m)(1)(A) regarding income-based or 
     income-contingent repayment plans, with exception for a 
     borrower who would have otherwise been eligible under this 
     section but demonstrates an unusual fluctuation of income 
     over the past 5 years:  Provided further, That the total loan 
     volume, including outstanding principal, fees, capitalized 
     interest, or accrued interest, at application that is 
     eligible for such loan cancellation by such borrowers shall 
     not exceed $500,000,000:  Provided further, That the 
     Secretary shall develop and make available a simple method 
     for borrowers to apply for loan cancellation under this 
     section within 60 days of enactment of this Act:  Provided 
     further, That the Secretary shall provide loan cancellation 
     under this section to eligible borrowers on a first-come, 
     first-serve basis, based on the date of application and 
     subject to both the limitation on total loan volume at 
     application for such loan cancellation specified in the 
     second proviso and the availability of appropriations under 
     this section:  Provided further, That no borrower may, for 
     the same service, receive a reduction of

[[Page S5655]]

     loan obligations under both this section and section 428J, 
     428K, 428L, or 460 of such Act.
       Sec. 312.  Of the amounts made available under this title 
     under the heading ``Student Aid Administration'', $2,300,000 
     shall be used by the Secretary of Education to conduct 
     outreach to borrowers of loans made under part D of title IV 
     of the Higher Education Act of 1965 who may intend to qualify 
     for loan cancellation under section 455(m) of such Act (20 
     U.S.C. 1087e(m)), to ensure that borrowers are meeting the 
     terms and conditions of such loan cancellation:  Provided, 
     That the Secretary shall specifically conduct outreach to 
     assist borrowers who would qualify for loan cancellation 
     under section 455(m) of such Act except that the borrower has 
     made some, or all, of the 120 required payments under a 
     repayment plan that is not described under section 455(m)(A) 
     of such Act, to encourage borrowers to enroll in a qualifying 
     repayment plan:  Provided further, That the Secretary shall 
     also communicate to all Direct Loan borrowers the full 
     requirements of section 455(m) of such Act and improve the 
     filing of employment certification by providing improved 
     outreach and information such as outbound calls, electronic 
     communications, ensuring prominent access to program 
     requirements and benefits on each servicer's website, and 
     creating an option for all borrowers to complete the entire 
     payment certification process electronically and on a 
     centralized website.
       This title may be cited as the ``Department of Education 
     Appropriations Act, 2019''.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

       For expenses necessary for the Committee for Purchase From 
     People Who Are Blind or Severely Disabled established under 
     section 8502 of title 41, United States Code, $8,250,000:  
     Provided, That in order to authorize any central nonprofit 
     agency designated pursuant to section 8503(c) of title 41, 
     United States Code, to perform contract requirements of the 
     Committee as prescribed under section 51-3.2 of title 41, 
     Code of Federal Regulations, the Committee shall enter into a 
     written agreement with any such central nonprofit agency:  
     Provided further, That such agreement entered into under the 
     preceding proviso shall contain such auditing, oversight, and 
     reporting provisions as necessary to implement chapter 85 of 
     title 41, United States Code:  Provided further, That such 
     agreement shall include the elements listed under this 
     heading in the explanatory statement accompanying Public Law 
     114-113:  Provided further, That a fee may not be charged 
     under section 51-3.5 of title 41, Code of Federal 
     Regulations, unless such fee is under the terms of the 
     written agreement between the Committee and any such central 
     nonprofit agency:  Provided further, That no less than 
     $1,250,000 shall be available for the Office of Inspector 
     General.

             Corporation for National and Community Service

                           operating expenses

       For necessary expenses for the Corporation for National and 
     Community Service (referred to in this title as ``CNCS'') to 
     carry out the Domestic Volunteer Service Act of 1973 
     (referred to in this title as ``1973 Act'') and the National 
     and Community Service Act of 1990 (referred to in this title 
     as ``1990 Act''), $770,629,000, notwithstanding sections 
     198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 
     1990 Act:  Provided, That of the amounts provided under this 
     heading: (1) up to 1 percent of program grant funds may be 
     used to defray the costs of conducting grant application 
     reviews, including the use of outside peer reviewers and 
     electronic management of the grants cycle; (2) $17,538,000 
     shall be available to provide assistance to State commissions 
     on national and community service, under section 126(a) of 
     the 1990 Act and notwithstanding section 501(a)(5)(B) of the 
     1990 Act; (3) $32,000,000 shall be available to carry out 
     subtitle E of the 1990 Act; and (4) $5,400,000 shall be 
     available for expenses authorized under section 501(a)(4)(F) 
     of the 1990 Act, which, notwithstanding the provisions of 
     section 198P shall be awarded by CNCS on a competitive basis: 
      Provided further, That for the purposes of carrying out the 
     1990 Act, satisfying the requirements in section 122(c)(1)(D) 
     may include a determination of need by the local community.

                 payment to the national service trust

                     (including transfer of funds)

       For payment to the National Service Trust established under 
     subtitle D of title I of the 1990 Act, $198,163,000, to 
     remain available until expended:  Provided, That CNCS may 
     transfer additional funds from the amount provided within 
     ``Operating Expenses'' allocated to grants under subtitle C 
     of title I of the 1990 Act to the National Service Trust upon 
     determination that such transfer is necessary to support the 
     activities of national service participants and after notice 
     is transmitted to the Committees on Appropriations of the 
     House of Representatives and the Senate:  Provided further, 
     That amounts appropriated for or transferred to the National 
     Service Trust may be invested under section 145(b) of the 
     1990 Act without regard to the requirement to apportion funds 
     under 31 U.S.C. 1513(b).

                         salaries and expenses

       For necessary expenses of administration as provided under 
     section 501(a)(5) of the 1990 Act and under section 504(a) of 
     the 1973 Act, including payment of salaries, authorized 
     travel, hire of passenger motor vehicles, the rental of 
     conference rooms in the District of Columbia, the employment 
     of experts and consultants authorized under 5 U.S.C. 3109, 
     and not to exceed $2,500 for official reception and 
     representation expenses, $83,737,000.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, 
     $5,750,000.

                       administrative provisions

       Sec. 401.  CNCS shall make any significant changes to 
     program requirements, service delivery or policy only through 
     public notice and comment rulemaking. For fiscal year 2019, 
     during any grant selection process, an officer or employee of 
     CNCS shall not knowingly disclose any covered grant selection 
     information regarding such selection, directly or indirectly, 
     to any person other than an officer or employee of CNCS that 
     is authorized by CNCS to receive such information.
       Sec. 402.  AmeriCorps programs receiving grants under the 
     National Service Trust program shall meet an overall minimum 
     share requirement of 24 percent for the first 3 years that 
     they receive AmeriCorps funding, and thereafter shall meet 
     the overall minimum share requirement as provided in section 
     2521.60 of title 45, Code of Federal Regulations, without 
     regard to the operating costs match requirement in section 
     121(e) or the member support Federal share limitations in 
     section 140 of the 1990 Act, and subject to partial waiver 
     consistent with section 2521.70 of title 45, Code of Federal 
     Regulations.
       Sec. 403.  Donations made to CNCS under section 196 of the 
     1990 Act for the purposes of financing programs and 
     operations under titles I and II of the 1973 Act or subtitle 
     B, C, D, or E of title I of the 1990 Act shall be used to 
     supplement and not supplant current programs and operations.
       Sec. 404.  In addition to the requirements in section 
     146(a) of the 1990 Act, use of an educational award for the 
     purpose described in section 148(a)(4) shall be limited to 
     individuals who are veterans as defined under section 101 of 
     the Act.
       Sec. 405.  For the purpose of carrying out section 189D of 
     the 1990 Act--
       (1) entities described in paragraph (a) of such section 
     shall be considered ``qualified entities'' under section 3 of 
     the National Child Protection Act of 1993 (``NCPA'');
       (2) individuals described in such section shall be 
     considered ``volunteers'' under section 3 of NCPA; and
       (3) State Commissions on National and Community Service 
     established pursuant to section 178 of the 1990 Act, are 
     authorized to receive criminal history record information, 
     consistent with Public Law 92-544.
       Sec. 406.  Notwithstanding sections 139(b), 146 and 147 of 
     the 1990 Act, an individual who successfully completes a term 
     of service of not less than 1,200 hours during a period of 
     not more than one year may receive a national service 
     education award having a value of 70 percent of the value of 
     a national service education award determined under section 
     147(a) of the Act.

                  Corporation for Public Broadcasting

       For payment to the Corporation for Public Broadcasting 
     (``CPB''), as authorized by the Communications Act of 1934, 
     an amount which shall be available within limitations 
     specified by that Act, for the fiscal year 2021, 
     $445,000,000:  Provided, That none of the funds made 
     available to CPB by this Act shall be used to pay for 
     receptions, parties, or similar forms of entertainment for 
     Government officials or employees:  Provided further, That 
     none of the funds made available to CPB by this Act shall be 
     available or used to aid or support any program or activity 
     from which any person is excluded, or is denied benefits, or 
     is discriminated against, on the basis of race, color, 
     national origin, religion, or sex:  Provided further, That 
     none of the funds made available to CPB by this Act shall be 
     used to apply any political test or qualification in 
     selecting, appointing, promoting, or taking any other 
     personnel action with respect to officers, agents, and 
     employees of CPB:  Provided further, That none of the funds 
     made available to CPB by this Act shall be used to support 
     the Television Future Fund or any similar purpose.
       In addition, for the costs associated with replacing and 
     upgrading the public broadcasting interconnection system and 
     other technologies and services that create infrastructure 
     and efficiencies within the public media system, $20,000,000.

               Federal Mediation and Conciliation Service

                         salaries and expenses

       For expenses necessary for the Federal Mediation and 
     Conciliation Service (``Service'') to carry out the functions 
     vested in it by the Labor-Management Relations Act, 1947, 
     including hire of passenger motor vehicles; for expenses 
     necessary for the Labor-Management Cooperation Act of 1978; 
     and for expenses necessary for the Service to carry out the 
     functions vested in it by the Civil Service Reform Act, 
     $46,650,000, including up to $900,000 to remain available 
     through September 30, 2020, for activities authorized by the 
     Labor-Management Cooperation Act of 1978:  Provided, That 
     notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost 
     recovery, for special training activities and other conflict 
     resolution services and technical assistance, including those 
     provided to

[[Page S5656]]

     foreign governments and international organizations, and for 
     arbitration services shall be credited to and merged with 
     this account, and shall remain available until expended:  
     Provided further, That fees for arbitration services shall be 
     available only for education, training, and professional 
     development of the agency workforce:  Provided further, That 
     the Director of the Service is authorized to accept and use 
     on behalf of the United States gifts of services and real, 
     personal, or other property in the aid of any projects or 
     functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

       For expenses necessary for the Federal Mine Safety and 
     Health Review Commission, $17,184,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

       For carrying out the Museum and Library Services Act of 
     1996 and the National Museum of African American History and 
     Culture Act, $242,000,000.

            Medicaid and CHIP Payment and Access Commission

                         salaries and expenses

       For expenses necessary to carry out section 1900 of the 
     Social Security Act, $8,480,000.

                  Medicare Payment Advisory Commission

                         salaries and expenses

       For expenses necessary to carry out section 1805 of the 
     Social Security Act, $12,545,000, to be transferred to this 
     appropriation from the Federal Hospital Insurance Trust Fund 
     and the Federal Supplementary Medical Insurance Trust Fund.

                     National Council on Disability

                         salaries and expenses

       For expenses necessary for the National Council on 
     Disability as authorized by title IV of the Rehabilitation 
     Act of 1973, $3,250,000.

                     National Labor Relations Board

                         salaries and expenses

       For expenses necessary for the National Labor Relations 
     Board to carry out the functions vested in it by the Labor-
     Management Relations Act, 1947, and other laws, $274,224,000: 
      Provided, That no part of this appropriation shall be 
     available to organize or assist in organizing agricultural 
     laborers or used in connection with investigations, hearings, 
     directives, or orders concerning bargaining units composed of 
     agricultural laborers as referred to in section 2(3) of the 
     Act of July 5, 1935, and as amended by the Labor-Management 
     Relations Act, 1947, and as defined in section 3(f) of the 
     Act of June 25, 1938, and including in said definition 
     employees engaged in the maintenance and operation of 
     ditches, canals, reservoirs, and waterways when maintained or 
     operated on a mutual, nonprofit basis and at least 95 percent 
     of the water stored or supplied thereby is used for farming 
     purposes.

                       administrative provisions

       Sec. 407.  None of the funds provided by this Act or 
     previous Acts making appropriations for the National Labor 
     Relations Board may be used to issue any new administrative 
     directive or regulation that would provide employees any 
     means of voting through any electronic means in an election 
     to determine a representative for the purposes of collective 
     bargaining.

                        National Mediation Board

                         salaries and expenses

       For expenses necessary to carry out the provisions of the 
     Railway Labor Act, including emergency boards appointed by 
     the President, $13,800,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

       For expenses necessary for the Occupational Safety and 
     Health Review Commission, $13,225,000.

                       Railroad Retirement Board

                     dual benefits payments account

       For payment to the Dual Benefits Payments Account, 
     authorized under section 15(d) of the Railroad Retirement Act 
     of 1974, $19,000,000, which shall include amounts becoming 
     available in fiscal year 2019 pursuant to section 
     224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
     not to exceed 2 percent of the amount provided herein, shall 
     be available proportional to the amount by which the product 
     of recipients and the average benefit received exceeds the 
     amount available for payment of vested dual benefits:  
     Provided, That the total amount provided herein shall be 
     credited in 12 approximately equal amounts on the first day 
     of each month in the fiscal year.

          federal payments to the railroad retirement accounts

       For payment to the accounts established in the Treasury for 
     the payment of benefits under the Railroad Retirement Act for 
     interest earned on unnegotiated checks, $150,000, to remain 
     available through September 30, 2020, which shall be the 
     maximum amount available for payment pursuant to section 417 
     of Public Law 98-76.

                      limitation on administration

       For necessary expenses for the Railroad Retirement Board 
     (``Board'') for administration of the Railroad Retirement Act 
     and the Railroad Unemployment Insurance Act, $123,500,000, to 
     be derived in such amounts as determined by the Board from 
     the railroad retirement accounts and from moneys credited to 
     the railroad unemployment insurance administration fund:  
     Provided, That notwithstanding section 7(b)(9) of the 
     Railroad Retirement Act this limitation may be used to hire 
     attorneys only through the excepted service:  Provided 
     further, That the previous proviso shall not change the 
     status under Federal employment laws of any attorney hired by 
     the Railroad Retirement Board prior to January 1, 2013:  
     Provided further, That $10,000,000, to remain available until 
     expended, shall be used to supplement, not supplant, existing 
     resources devoted to operations and improvements for the 
     Board's Information Technology Investment Initiatives.

             limitation on the office of inspector general

       For expenses necessary for the Office of Inspector General 
     for audit, investigatory and review activities, as authorized 
     by the Inspector General Act of 1978, not more than 
     $11,000,000, to be derived from the railroad retirement 
     accounts and railroad unemployment insurance account.

                     Social Security Administration

                payments to social security trust funds

       For payment to the Federal Old-Age and Survivors Insurance 
     Trust Fund and the Federal Disability Insurance Trust Fund, 
     as provided under sections 201(m) and 1131(b)(2) of the 
     Social Security Act, $11,000,000.

                  supplemental security income program

       For carrying out titles XI and XVI of the Social Security 
     Act, section 401 of Public Law 92-603, section 212 of Public 
     Law 93-66, as amended, and section 405 of Public Law 95-216, 
     including payment to the Social Security trust funds for 
     administrative expenses incurred pursuant to section 
     201(g)(1) of the Social Security Act, $41,390,721,000, to 
     remain available until expended:  Provided, That any portion 
     of the funds provided to a State in the current fiscal year 
     and not obligated by the State during that year shall be 
     returned to the Treasury:  Provided further, That not more 
     than $101,000,000 shall be available for research and 
     demonstrations under sections 1110, 1115, and 1144 of the 
     Social Security Act, and remain available through September 
     30, 2021.
       For making, after June 15 of the current fiscal year, 
     benefit payments to individuals under title XVI of the Social 
     Security Act, for unanticipated costs incurred for the 
     current fiscal year, such sums as may be necessary.
       For making benefit payments under title XVI of the Social 
     Security Act for the first quarter of fiscal year 2020, 
     $19,700,000,000, to remain available until expended.

                 limitation on administrative expenses

       For necessary expenses, including the hire of two passenger 
     motor vehicles, and not to exceed $20,000 for official 
     reception and representation expenses, not more than 
     $12,816,945,000 may be expended, as authorized by section 
     201(g)(1) of the Social Security Act, from any one or all of 
     the trust funds referred to in such section:  Provided, That 
     not less than $2,300,000 shall be for the Social Security 
     Advisory Board:  Provided further, That $85,000,000 shall 
     remain available until expended for information technology 
     modernization, including related hardware and software 
     infrastructure and equipment, and for administrative expenses 
     directly associated with information technology 
     modernization:  Provided further, That $100,000,000 shall 
     remain available through September 30, 2020, for activities 
     to address the disability hearings backlog within the Office 
     of Hearings Operations:  Provided further, That unobligated 
     balances of funds provided under this paragraph at the end of 
     fiscal year 2019 not needed for fiscal year 2019 shall remain 
     available until expended to invest in the Social Security 
     Administration information technology and telecommunications 
     hardware and software infrastructure, including related 
     equipment and non-payroll administrative expenses associated 
     solely with this information technology and 
     telecommunications infrastructure:  Provided further, That 
     the Commissioner of Social Security shall notify the 
     Committees on Appropriations of the House of Representatives 
     and the Senate prior to making unobligated balances available 
     under the authority in the previous proviso:  Provided 
     further, That reimbursement to the trust funds under this 
     heading for expenditures for official time for employees of 
     the Social Security Administration pursuant to 5 U.S.C. 7131, 
     and for facilities or support services for labor 
     organizations pursuant to policies, regulations, or 
     procedures referred to in section 7135(b) of such title shall 
     be made by the Secretary of the Treasury, with interest, from 
     amounts in the general fund not otherwise appropriated, as 
     soon as possible after such expenditures are made.
       Of the total amount made available under this heading, not 
     more than $1,683,000,000, to remain available through March 
     31, 2020, is for the costs associated with continuing 
     disability reviews under titles II and XVI of the Social 
     Security Act, including work-related continuing disability 
     reviews to determine whether earnings derived from services 
     demonstrate an individual's ability to engage in substantial 
     gainful activity, for the cost associated with conducting 
     redeterminations of eligibility under title XVI of the Social 
     Security Act, for the cost of co-operative disability 
     investigation units, and for the cost

[[Page S5657]]

     associated with the prosecution of fraud in the programs and 
     operations of the Social Security Administration by Special 
     Assistant United States Attorneys:  Provided, That, of such 
     amount, $273,000,000 is provided to meet the terms of section 
     251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended, and $1,410,000,000 
     is additional new budget authority specified for purposes of 
     section 251(b)(2)(B) of such Act:  Provided further, That the 
     Commissioner shall provide to the Congress (at the conclusion 
     of the fiscal year) a report on the obligation and 
     expenditure of these funds, similar to the reports that were 
     required by section 103(d)(2) of Public Law 104-121 for 
     fiscal years 1996 through 2002.
       In addition, $134,000,000 to be derived from administration 
     fees in excess of $5.00 per supplementary payment collected 
     pursuant to section 1616(d) of the Social Security Act or 
     section 212(b)(3) of Public Law 93-66, which shall remain 
     available until expended. To the extent that the amounts 
     collected pursuant to such sections in fiscal year 2019 
     exceed $134,000,000, the amounts shall be available in fiscal 
     year 2020 only to the extent provided in advance in 
     appropriations Acts.
       In addition, up to $1,000,000 to be derived from fees 
     collected pursuant to section 303(c) of the Social Security 
     Protection Act, which shall remain available until expended.

                      office of inspector general

                     (including transfer of funds)

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $30,000,000, together with not to exceed 
     $75,500,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund.
       In addition, an amount not to exceed 3 percent of the total 
     provided in this appropriation may be transferred from the 
     ``Limitation on Administrative Expenses'', Social Security 
     Administration, to be merged with this account, to be 
     available for the time and purposes for which this account is 
     available:  Provided, That notice of such transfers shall be 
     transmitted promptly to the Committees on Appropriations of 
     the House of Representatives and the Senate at least 15 days 
     in advance of any transfer.

                                TITLE V

                           GENERAL PROVISIONS

                          (transfer of funds)

       Sec. 501.  The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act. Such transferred 
     balances shall be used for the same purpose, and for the same 
     periods of time, for which they were originally appropriated.
       Sec. 502.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. (a) No part of any appropriation contained in 
     this Act or transferred pursuant to section 4002 of Public 
     Law 111-148 shall be used, other than for normal and 
     recognized executive-legislative relationships, for publicity 
     or propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, electronic 
     communication, radio, television, or video presentation 
     designed to support or defeat the enactment of legislation 
     before the Congress or any State or local legislature or 
     legislative body, except in presentation to the Congress or 
     any State or local legislature itself, or designed to support 
     or defeat any proposed or pending regulation, administrative 
     action, or order issued by the executive branch of any State 
     or local government, except in presentation to the executive 
     branch of any State or local government itself.
       (b) No part of any appropriation contained in this Act or 
     transferred pursuant to section 4002 of Public Law 111-148 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence the enactment 
     of legislation, appropriations, regulation, administrative 
     action, or Executive order proposed or pending before the 
     Congress or any State government, State legislature or local 
     legislature or legislative body, other than for normal and 
     recognized executive-legislative relationships or 
     participation by an agency or officer of a State, local or 
     tribal government in policymaking and administrative 
     processes within the executive branch of that government.
       (c) The prohibitions in subsections (a) and (b) shall 
     include any activity to advocate or promote any proposed, 
     pending or future Federal, State or local tax increase, or 
     any proposed, pending, or future requirement or restriction 
     on any legal consumer product, including its sale or 
     marketing, including but not limited to the advocacy or 
     promotion of gun control.
       Sec. 504.  The Secretaries of Labor and Education are 
     authorized to make available not to exceed $28,000 and 
     $20,000, respectively, from funds available for salaries and 
     expenses under titles I and III, respectively, for official 
     reception and representation expenses; the Director of the 
     Federal Mediation and Conciliation Service is authorized to 
     make available for official reception and representation 
     expenses not to exceed $5,000 from the funds available for 
     ``Federal Mediation and Conciliation Service, Salaries and 
     Expenses''; and the Chairman of the National Mediation Board 
     is authorized to make available for official reception and 
     representation expenses not to exceed $5,000 from funds 
     available for ``National Mediation Board, Salaries and 
     Expenses''.
       Sec. 505.  When issuing statements, press releases, 
     requests for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds 
     included in this Act, including but not limited to State and 
     local governments and recipients of Federal research grants, 
     shall clearly state--
       (1) the percentage of the total costs of the program or 
     project which will be financed with Federal money;
       (2) the dollar amount of Federal funds for the project or 
     program; and
       (3) percentage and dollar amount of the total costs of the 
     project or program that will be financed by non-governmental 
     sources.
       Sec. 506. (a) None of the funds appropriated in this Act, 
     and none of the funds in any trust fund to which funds are 
     appropriated in this Act, shall be expended for any abortion.
       (b) None of the funds appropriated in this Act, and none of 
     the funds in any trust fund to which funds are appropriated 
     in this Act, shall be expended for health benefits coverage 
     that includes coverage of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 507. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other than 
     a State's or locality's contribution of Medicaid matching 
     funds).
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       (d)(1) None of the funds made available in this Act may be 
     made available to a Federal agency or program, or to a State 
     or local government, if such agency, program, or government 
     subjects any institutional or individual health care entity 
     to discrimination on the basis that the health care entity 
     does not provide, pay for, provide coverage of, or refer for 
     abortions.
       (2) In this subsection, the term ``health care entity'' 
     includes an individual physician or other health care 
     professional, a hospital, a provider-sponsored organization, 
     a health maintenance organization, a health insurance plan, 
     or any other kind of health care facility, organization, or 
     plan.
       Sec. 508. (a) None of the funds made available in this Act 
     may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.204(b) and section 498(b) of 
     the Public Health Service Act (42 U.S.C. 289g(b)).
       (b) For purposes of this section, the term ``human embryo 
     or embryos'' includes any organism, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       Sec. 509. (a) None of the funds made available in this Act 
     may be used for any activity that promotes the legalization 
     of any drug or other substance included in schedule I of the 
     schedules of controlled substances established under section 
     202 of the Controlled Substances Act except for normal and 
     recognized executive-congressional communications.
       (b) The limitation in subsection (a) shall not apply when 
     there is significant medical evidence of a therapeutic 
     advantage to the use of such drug or other substance or that 
     federally sponsored clinical trials are being conducted to 
     determine therapeutic advantage.
       Sec. 510.  None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act providing for, or 
     providing for the assignment of, a unique health identifier 
     for an individual (except in an individual's capacity as an 
     employer or a health care provider), until legislation is 
     enacted specifically approving the standard.
       Sec. 511.  None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity if--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in 38 U.S.C. 4212(d) 
     regarding

[[Page S5658]]

     submission of an annual report to the Secretary of Labor 
     concerning employment of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 512.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 513.  None of the funds made available by this Act to 
     carry out the Library Services and Technology Act may be made 
     available to any library covered by paragraph (1) of section 
     224(f) of such Act, as amended by the Children's Internet 
     Protection Act, unless such library has made the 
     certifications required by paragraph (4) of such section.
       Sec. 514. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2019, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds that--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes or renames offices;
       (6) reorganizes programs or activities; or
       (7) contracts out or privatizes any functions or activities 
     presently performed by Federal employees;
     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are consulted 15 days in 
     advance of such reprogramming or of an announcement of intent 
     relating to such reprogramming, whichever occurs earlier, and 
     are notified in writing 10 days in advance of such 
     reprogramming.
       (b) None of the funds provided under this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2019, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds in excess of $500,000 or 10 percent, 
     whichever is less, that--
       (1) augments existing programs, projects (including 
     construction projects), or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or
       (3) results from any general savings from a reduction in 
     personnel which would result in a change in existing 
     programs, activities, or projects as approved by Congress;
     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are consulted 15 days in 
     advance of such reprogramming or of an announcement of intent 
     relating to such reprogramming, whichever occurs earlier, and 
     are notified in writing 10 days in advance of such 
     reprogramming.
       Sec. 515. (a) None of the funds made available in this Act 
     may be used to request that a candidate for appointment to a 
     Federal scientific advisory committee disclose the political 
     affiliation or voting history of the candidate or the 
     position that the candidate holds with respect to political 
     issues not directly related to and necessary for the work of 
     the committee involved.
       (b) None of the funds made available in this Act may be 
     used to disseminate information that is deliberately false or 
     misleading.
       Sec. 516.  Within 45 days of enactment of this Act, each 
     department and related agency funded through this Act shall 
     submit an operating plan that details at the program, 
     project, and activity level any funding allocations for 
     fiscal year 2019 that are different than those specified in 
     this Act, the accompanying detailed table in the report 
     accompanying this Act or the fiscal year 2019 budget request.
       Sec. 517.  The Secretaries of Labor, Health and Human 
     Services, and Education shall each prepare and submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a report on the number and amount of 
     contracts, grants, and cooperative agreements exceeding 
     $500,000 in value and awarded by the Department on a non-
     competitive basis during each quarter of fiscal year 2019, 
     but not to include grants awarded on a formula basis or 
     directed by law. Such report shall include the name of the 
     contractor or grantee, the amount of funding, the 
     governmental purpose, including a justification for issuing 
     the award on a non-competitive basis. Such report shall be 
     transmitted to the Committees within 30 days after the end of 
     the quarter for which the report is submitted.
       Sec. 518.  None of the funds appropriated in this Act shall 
     be expended or obligated by the Commissioner of Social 
     Security, for purposes of administering Social Security 
     benefit payments under title II of the Social Security Act, 
     to process any claim for credit for a quarter of coverage 
     based on work performed under a social security account 
     number that is not the claimant's number and the performance 
     of such work under such number has formed the basis for a 
     conviction of the claimant of a violation of section 
     208(a)(6) or (7) of the Social Security Act.
       Sec. 519.  None of the funds appropriated by this Act may 
     be used by the Commissioner of Social Security or the Social 
     Security Administration to pay the compensation of employees 
     of the Social Security Administration to administer Social 
     Security benefit payments, under any agreement between the 
     United States and Mexico establishing totalization 
     arrangements between the social security system established 
     by title II of the Social Security Act and the social 
     security system of Mexico, which would not otherwise be 
     payable but for such agreement.
       Sec. 520.  Notwithstanding any other provision of this Act, 
     no funds appropriated in this Act shall be used to purchase 
     sterile needles or syringes for the hypodermic injection of 
     any illegal drug:  Provided, That such limitation does not 
     apply to the use of funds for elements of a program other 
     than making such purchases if the relevant State or local 
     health department, in consultation with the Centers for 
     Disease Control and Prevention, determines that the State or 
     local jurisdiction, as applicable, is experiencing, or is at 
     risk for, a significant increase in hepatitis infections or 
     an HIV outbreak due to injection drug use, and such program 
     is operating in accordance with State and local law.
       Sec. 521. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network blocks the viewing, downloading, and 
     exchanging of pornography.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, or adjudication activities.
       Sec. 522.  None of the funds made available under this or 
     any other Act, or any prior Appropriations Act, may be 
     provided to the Association of Community Organizations for 
     Reform Now (ACORN), or any of its affiliates, subsidiaries, 
     allied organizations, or successors.
       Sec. 523.  For purposes of carrying out Executive Order 
     13589, Office of Management and Budget Memorandum M-12-12 
     dated May 11, 2012, and requirements contained in the annual 
     appropriations bills relating to conference attendance and 
     expenditures:
       (1) the operating divisions of HHS shall be considered 
     independent agencies; and
       (2) attendance at and support for scientific conferences 
     shall be tabulated separately from and not included in agency 
     totals.
       Sec. 524.  Federal agencies funded under this Act shall 
     clearly state within the text, audio, or video used for 
     advertising or educational purposes, including emails or 
     Internet postings, that the communication is printed, 
     published, or produced and disseminated at U.S. taxpayer 
     expense. The funds used by a Federal agency to carry out this 
     requirement shall be derived from amounts made available to 
     the agency for advertising or other communications regarding 
     the programs and activities of the agency.
       Sec. 525. (a) Federal agencies may use Federal 
     discretionary funds that are made available in this Act to 
     carry out up to 10 Performance Partnership Pilots. Such 
     Pilots shall be governed by the provisions of section 526 of 
     division H of Public Law 113-76, except that in carrying out 
     such Pilots section 526 shall be applied by substituting 
     ``Fiscal Year 2019'' for ``Fiscal Year 2014'' in the title of 
     subsection (b) and by substituting ``September 30, 2023'' for 
     ``September 30, 2018'' each place it appears:  Provided, That 
     such pilots shall include communities that have experienced 
     civil unrest.
       (b) In addition, Federal agencies may use Federal 
     discretionary funds that are made available in this Act to 
     participate in Performance Partnership Pilots that are being 
     carried out pursuant to the authority provided by section 526 
     of division H of Public Law 113-76, section 524 of division G 
     of Public Law 113-235, section 525 of division H of Public 
     Law 114-113, section 525 of division H of Public Law 115-31, 
     and section 525 of division H of Public Law 115-141.
       (c) Pilot sites selected under authorities in this Act and 
     prior appropriations Acts may be granted by relevant agencies 
     up to an additional 5 years to operate under such 
     authorities.
       Sec. 526.  Not later than 30 days after the end of each 
     calendar quarter, beginning with the first month of fiscal 
     year 2019, the Departments of Labor, Health and Human 
     Services and Education and the Social Security Administration 
     shall provide the Committees on Appropriations of the House 
     of Representatives and Senate a report on the status of 
     balances of appropriations:  Provided, That for balances that 
     are unobligated and uncommitted, committed, and obligated but 
     unexpended, the monthly reports shall separately identify the 
     amounts attributable to each source year of appropriation 
     (beginning with fiscal year 2012, or, to the extent feasible, 
     earlier fiscal years) from which balances were derived.

                              (rescission)

       Sec. 527.  Of any available amounts appropriated under 
     section 2104(a)(22) of the Social Security Act (42 U.S.C. 
     1397dd) that are unobligated as of September 25, 2019, 
     $3,345,000,000 are hereby rescinded as of such date.
       Sec. 528.  Of the amounts deposited in the Child Enrollment 
     Contingency Fund for fiscal year 2019 under section 
     2104(n)(2) of the

[[Page S5659]]

     Social Security Act and the income derived from investment of 
     those funds pursuant to section 2104(n)(2)(C) of that Act, 
     $3,398,000,000 shall not be available for obligation in this 
     fiscal year.
       This division may be cited as the ``Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies Appropriations Act, 2019''.
                                 ______
                                 
  SA 3696. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 3045, to amend title 31, United States Code, to 
establish a safe harbor with respect to keep open letters; which was 
referred to the Committee on Banking, Housing, and Urban Affairs; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Cooperate with Law 
     Enforcement Agencies and Watch Act of 2018''.

     SEC. 2. SAFE HARBOR WITH RESPECT TO KEEP OPEN LETTERS.

       (a) In General.--Subchapter II of chapter 53 of title 31, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5333. Safe harbor with respect to keep open letters

       ``(a) In General.--With respect to a customer account or 
     customer transaction of a financial institution, if a 
     Federal, State, Tribal, or local law enforcement agency 
     requests, in writing, the financial institution to keep such 
     account or transaction open--
       ``(1) the financial institution shall not be liable under 
     this subchapter for maintaining such account or transaction 
     consistent with the parameters of the request; and
       ``(2) no Federal or State department or agency may take any 
     adverse supervisory action under this subchapter with respect 
     to the financial institution for maintaining such account or 
     transaction consistent with the parameters of the request.
       ``(b) Rule of Construction.--Nothing in this section may be 
     construed--
       ``(1) from preventing a Federal or State department or 
     agency from verifying the validity of a written request 
     described under subsection (a) with the Federal, State, 
     Tribal, or local law enforcement agency making the written 
     request; or
       ``(2) to relieve a financial institution from complying 
     with any reporting requirements, including the reporting of 
     suspicious transactions under section 5318(g).
       ``(c) Letter Termination Date.--For purposes of this 
     section, any written request described under subsection (a) 
     shall include a termination date after which such request 
     shall no longer apply.''.
       (b) Clerical Amendment.--The table of contents for 
     subchapter II of chapter 53 of title 31, United States Code, 
     is amended by inserting after the item relating to section 
     5332 the following:

``5333. Safe harbor with respect to keep open letters.''.
                                 ______
                                 
  SA 3697. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 6157, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2019, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  None of the amounts appropriated or otherwise 
     made available by title II of this division under the heading 
     ``Operation and Maintenance, Army'' may be used for the 
     establishment of the headquarters of the Army Futures Command 
     until the Comptroller General of the United States has issued 
     each pending report of the Comptroller General as follows:
       (1) The pending report on the Army Modernization Plan.
       (2) The pending report on the impact of the Army Futures 
     Command on small business.
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  SA 3698. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 6157, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2019, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title VIII of division A, 
     insert the following:
       Sec. ___.  Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of the Navy shall, 
     acting through the Assistant Secretary of the Navy for 
     Research, Development, and Acquisition, submit to the 
     congressional defense committees a report on current 
     investments of the Navy in research on energetics. The report 
     shall include the following:
       (1) A comparison between current Navy investments in 
     research on energetics and current investments of the other 
     military departments in such research.
       (2) A comparison between current Navy investments in 
     research on energtics and current investments in such 
     research by the naval ministries of each of the People's 
     Republic of China, the Islamic Republic of Iran, the 
     Democratic People's Republic of Korea, and the Russian 
     Federation.
       (3) Recommendations for the most appropriate investments, 
     and amounts of investments, by the Navy in research on 
     energetics in the future.

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